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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17531
Experience:  B.A.; M.B.A.; J.D.
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I have been single and celibate years. After my husband and

Customer Question

I have been single and celibate for 15 years. After my husband and I divorced, I had myself tested for all of the possible STDs, including herpes. I tested negative. I have not dated or even kissed anyone for 15 years. I have many platonic male friends who often give me advice. One married man and I were good friends for 15 years, and he has been a support system for me. He has told me that he and his wife have not had sex in five years, that they live together as roommates.
Recently, we saw each other in a city where I was staying for a job interview. I thought we could just see each other as friends. However, while we were out and about, he started to pressure me for sex. I told him "no" because, I said, for two reasons: he is married and I don't do casual sex. He continued to badger me, and finally, I relented.
To make matters worse, after intercourse, I had the symptoms of an STD. I got myself tested, and, not surprisingly, I had contracted Herpes Simplex II. My doctor told me it was from a recent sexual experience (the tests are very sensitive). We concluded that it was from my friend. My friend had told me that he had only been with his wife for 40 years. I don't believe him. He has talked about strippers, just generically, but I'm now suspecting that he might have had contact with one. My understanding is that they do everything including intercourse these days.
I'm 60 and in great health. I take meticulous care of my health. My friend does not take care of his health. He's fat, eats junk food, and doesn't exercise.
In my mind, this is pretty much the worst thing that has happened to me. My friend doesn't seem to care. I cut off all contact with him.
Could he be sued for negligence for not telling me about his herpes? I also think there was at least some sexual coercion.
Submitted: 4 months ago.
Category: Legal
Expert:  Phillips Esq. replied 4 months ago.

Yes, you can sue him for knowingly transmitting the STD to you; for lying to you--for making material misrepresentation to you that led you to have unprotected sex with him, which led you to contracting STD from him.

As for the coercion, that is a weak argument, regrettably. You willingly had unprotected sex with him eventhough your consent was obtained by fraud, by him lying to you about his sexual contacts.

You would need an Attorney who handles civil litigation cases to assist you with the case. You can use the following sites to find local Attorneys:

Lawyers.com

Justia.com

Findlaw.com

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