California Laws on Transmitting STD

According to California Health and Safety Code Section 120290 it a crime to willfully transmitting a communicable, infectious, or contagious disease. According to California Health and Safety Code Section 120290(a)(2), it is illegal to ignore the instructions of a health professional regarding transmitting an infectious disease.

How to Prove the Negligence?

One potential cause of action is negligence. With this type of claim, the plaintiff must be able to prove that

• The defendant knew or should have known that he infected with a sexually transmitted disease.
• Defendant owed the plaintiff the duty to disclose this information
• Defendant infected the plaintiff with a sexually transmitted disease
• Defendant’s action caused harm to the plaintiff

The keystone of a negligence claim is that the defendant owed the plaintiff a duty to disclose information about the STD, allowing the plaintiff to decide on exposure. In some cases, liability for negligence lies if the defendant exposed the plaintiff to a sexually transmitted disease, even if the transmission didn’t occur. Usually, damages in this situation are based on the mental anguish and emotional distress.

Battery Cause of Action for Transmission of STD in California

A battery cause of action for transmission of a sexually transmitted disease involves the defendant’s intentional, unconsented and harmful contact with the plaintiff. In an STD case, while the plaintiff may consent to sexual contact, he is not consenting to a contact accompanied by the known risk of contracting an STD. Moreover, it is not necessary that the defendant had a specific intent to transmit the STD – going forward with sexual contact with the knowledge that transmission could occur is enough. For a civil battery claim, the victim must prove that the defendant knew he infected with an STD or was likely to have one.

How to Prove the Fraud in California?

In order to prove fraud, the plaintiff must establish the following:

• Defendant knew that he had a sexually transmitted disease.
• Defendant hide, concealed, or otherwise failed in his duty to disclose that knowledge with the intention to have sexual intercourse
• Plaintiff contracted the disease as a result of sexual intercourse

A person who knowingly and intentionally fails to disclose their sexually transmitted disease to a sexual partner can face liability for any injuries the partner sustains.

Intentional Infliction of Emotional Distress

A person who contracts an STD experience suffers emotional distress, including guilt, depression, anxiety, humiliation, or even self-destructive thoughts. An injured person can recover damages for such emotional distress and hold the person with STD legally liable. A claim for intentional infliction of emotional distress for transmitting an STD often accompanies another legal theory, such as negligence. This is because demonstrating the elements of emotional distress and determining damages is usually very difficult.

What is The Liability for Disclosing Another Person’s STD?

Generally, the law strictly prohibits disclosing another person’s HIV status, except in limited situations such as court cases or medical procedures. A violation of the statute can provide grounds for a civil lawsuit.

Legal Defenses to Liability for Transmission of Sexually Transmitted Diseases

To better understand the complexities of STI liability in California, it is important to consider additional legal considerations. One possible defense in STI transmission cases is that the defendant did not know he or she was infected. Under California law, a person cannot be prosecuted for STI transmission if he or she did not know that he or she was infected.

This is especially true in cases where a person carries the infection unknowingly or has no symptoms. However, it is worth noting that even if the defendant did not know they were infected, they can still be held liable. If the facts show that he or she should have been aware of the risk of transmitting the disease. In such situations, the key point is that the defendant should have taken all possible steps. to ensure that he or she was healthy before engaging in sexual intercourse.

Liability in The Absence of Intent to Transmit

In some cases, the court can establish liability for transmitting an STD even without intent to infect a partner. California law allows liability even in situations where the infected person did not intend to transmit the infection. But was aware of the risk of infection and continued sexual relations anyway. This is an important consideration in understanding how the law may interpret the actions of individuals who have sex despite the potential risk.

The Role of Medical Evidence and Testing

Medical evidence and test results play a key role in STI transmission cases. If the defendant or victim tests positive for an STI, the court can use this as evidence. It is also important to keep in mind that refusing to undergo medical testing can be perceived as strengthening the evidence against the accused. This can seriously affect the outcome of the case, as the court will consider whether a party concealed or withheld information. This may lead to additional charges of fraud or negligence.

If you are a victim of STI transmission, contact KAASS LAW for counseling on this issue.

What Types of Damages a Plaintiff Can Recover?

In civil lawsuits, the plaintiff may claim the following damages, including:

• The medical costs to treat the condition and the costs for psychological counseling after contracting an STD.
• Pain and suffering
• Emotional distress and mental anguish
• A jury may also award punitive damages to deter similar conduct in the future.

If you have been infected with a sexually transmitted disease and have questions about whether or not someone else may be held liable for the transmission of your infection contact KAASS LAW today at (310) 943-1171.