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legalgems
legalgems, Lawyer
Category: Legal
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Experience:  Just Answer consultant at Self employed
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My x girl friend may try to sue me for giving her hep c

Customer Question

my x girl friend may try to sue me for giving her hep c virus, al though we still live together i am evicting her. she knew i had the virus, she told me she read my medical records about 2 years ago, and has willing had sex for the last 2 years what can i do
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: california
JA: Has anything been filed or reported?
Customer: mo
JA: Anything else you want the lawyer to know before I connect you?
Customer: we have been discussing the situation, and at the moment she still is willing to have sex and we both got a hep c test waiting on her results thanks
Submitted: 11 days ago.
Category: Legal
Expert:  legalgems replied 11 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 11 days ago.

120290.

(a) Except as provided in Section 120291 or in the case of the removal of an afflicted person in a manner the least dangerous to the public health, any person afflicted with any contagious, infectious, or communicable disease who willfully exposes himself or herself to another person, and any person who willfully exposes another person afflicted with the disease to someone else, is guilty of a misdemeanor.

(b) This section shall not apply to a person who donates an organ for transplantation or research purposes.

(Amended by Stats. 2016, Ch. 18, Sec. 6. Effective May 27, 2016.)

That is the health and safety code. The statute requires willful exposure; normally the court will take into account consent so if the other party knew of the condition and did not take means to protect themselves it may be deemed implied consent and the prosecutor is less likely to criminally prosecute.

As for civil issues, CA uses comparative negligence; so if they find the plaintiff was negligent they will reduce any damage award accordingly-so if the person knew of the condition and continued, then normally that would bar recovery.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.