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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16370
Experience:  Licensed Texas General Practice Attorney
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I am a 21 year old male. ..I'll just cut to the chase...this

Customer Question

Hi, I am a 21 year old male. ..I'll just cut to the chase...this is embarrassing. .... I met a very powerful attorney in los angeles , went over to her place for some drinks and consenual sex. She started sniffing coke or some substance she was very out if it. I had a few drinks, I became a little fuzzy in the head because I do not drink and have never done any form of drugs ever in my life. So, we proceeded to carry on. After a while she then asked me to perform anall sex on her swearing she was clean, I obliged. After I finished she turned around and her panties completely feel off, revealing that this woman was a guy. I confronted him very angry of course, and he then asked me to leave before he calls the police. Him being a wealthy attorney he probably had friends in high places, so i decided it would be best for me to just leave. I am now scared out of my mind not knowing if I have hiv and I am traumatized by the fact that I just had intercourse with a guy, obviously something I would not have done if I would have known. I am emotionally detached right now and confused about what to do because I do not want this to come out in public but I also want to hurt said person the most, their pockets. Do I have a case? If so,is their any way to keep this from being broadcasted publicly add to not ruin my image or make me feel even more emotional detachment from my friends and family. Thank you for your time.
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. The second question would be best answered first, in that IF you have a case, it's a lawsuit, and that's going to be public record. You're not going to be able to keep your name from it, as the only situations where you can protect a name is ***** *****'s a minor or if the party is unknown (and is identified as "John Doe" or "Jane Doe").

As far as your first question is concerned, it's really a two part question. The easier one is if you DO get a disease and you can establish that the individual knew about being infected as well, you could sue for false misrepresentation. It's possible that you could sue for negligent misrepresentation, but you would have the further burden of establishing that he/she should have known were he/she to have exercised reasonable diligence over the situation.

As far as having a case in the absence of a disease, that's a lot more difficult to say for certain. As the sex was consensual, it's not "battery" or any other type of action that would be the case if you were an unwilling party. The inebriation, furthermore, would be a factor that would go against you, in that a jury would likely determine that you were at least contributorily negligent. It's possible that you could have an intentional infliction of emotional distress claim (there's more here regarding what would need to be established for such a case: https://www.justia.com/trials-litigation/docs/caci/1600/1600.html). In short, you would need to establish that you were suffering physical manifestations of emotional distress because of this situation, which is often the most difficult element to show. BUt you would also generally need to show that you were not contributorily negligent to that matter, and would need to show that you didn't know (which is safe to say) but also that you couldn't have known given the facts of the matter, and ultimately I think that this is the main issue, in that as your mental facilities were compromised that would negate you not being able to know about it in the first place.

So in short, assuming that you come up clean, I don't think that you're going to have a case. Rather, it's something that you're going to need to learn from (I know that you know this, but I need to stress that it's the outcome of this matter, in that there's not going to be a legal recourse).

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?