Can U Sue Someone For Giving U Herpes – People have successfully sued their ex-partners for infecting them with the virus. But is this a useful way to account for irresponsible sexual behavior, or does it stigmatize people with STDs?
In “Unscrewing Ourselves,” our first annual Sex Month on Broadly, we explore the current state of sex education by highlighting individuals and ideas that are changing our sexual health for the better. Learn more about the series here. After hours of discussing her humanitarian work in Africa and her concerns about contaminants in the water supply, jazz singer Laura Helm says she and RnB singer Usher are in good spirits. He is passionate about his concern for the environment, social justice and his sense of public service, and things get physical. According to court documents filed by Helm, they had vaginal sex before he performed oral sex on Usher. Immediately after he ejaculated, Usher grabbed his cock and rushed to Helm’s bathroom.
Can U Sue Someone For Giving U Herpes
According to Helm’s court filing, as reported in Radar, they had sex again a few weeks later. He claimed that this subsequent sexual encounter was also strange. Usher opened the door to his hotel room, sniffing the cool shower water. After chatting for a while, he disappeared to take a shower. When she returned, she encouraged Helm to give her a blowjob on the balcony. At first he was skeptical, but then agreed. Then Usher played jazz music and jumped on it. Immediately after having sex, Usher got up and ran to the bathroom. While showering again, Helm walked out of the hotel room. A few days later, Helm said he noticed a lump on the inside of his cheek. Then a painful one, the size of a pea, appeared on her vagina. Helm was later diagnosed with herpes simplex virus type 2 (HSV-2), a lifelong infection that can cause painful blisters and ulcers around the genitals and can be spread to others even if the carrier shows no symptoms. The World Health Organization estimates that 11% of people aged 15 to 49 years worldwide have HSV-2. Helm is now suing Usher – real name Usher Raymond IV – for $20 million in damages for “extreme and debilitating mental, emotional and physical distress and anguish, humiliation and embarrassment.” The charges against Usher include fraud, negligence, intentional infliction of emotional distress and battery. Read more: Hostage Consultants Explain How to Tell Someone You Gave Them an STI
Can You Sue If Someone Gives You An Std?
This is not the first time Usher has faced such accusations. The singer is currently defending himself in several legal actions. In California, two other women and a man are also suing Usher, claiming his failure to disclose his STD status caused them to contract herpes. In July, reports emerged that Usher paid $1.1 million after a woman claimed he infected her with herpes. “I’m very optimistic,” said Lisa Bloom, the attorney representing Usher’s three accusers, except Helm. “I checked all the cases carefully before taking them, and I know they are all supported.”
Bloom’s client is suing Usher alleging sex, fraud, negligence, and intentional and negligent infliction of emotional distress, all civil rights violations. “If Usher tests positive for herpes and doesn’t warn them, it’s considered assault, because legally, the consent they gave to sexual activity at that time [without knowing his STD status] would be revoked,” he said. “So this would be considered a non-consensual sexual assault.” Usher did not respond to Broadly’s repeated requests for comment. However, his legal team filed a “blanket dismissal” of the allegations related to the trio of accusers represented by Bloom. In the United States, similar civil suits have been filed by individuals against former sexual partners who allegedly exposed them to STDs. (This is not to be confused with criminal prosecutions that criminalize the intentional spread of the HIV virus, which is relatively rare.)
There is little data on the number of lawsuits related to STD transmission over the years, but Herpes News, a blog for people with the virus, says civil lawsuits involving herpes began more than two years ago. Most of the cases listed on this website involve women suing their heterosexual partners for large sums of money. In one instance from 1996, a 32-year-old woman sued her ex-boyfriend for intentionally exposing her and infecting her. He settled the case for $550,000. Why claim herpes and not, say, gonorrhea? This may be due to the first incurable nature. You can have outbreaks at any time: lesions that cover or bleed; itching; and also open and painful wounds. In some cases, patients may experience flu-like symptoms, headaches, or difficulty urinating. Herpes-related lawsuits may also be more common due to the financial resources of people who are infected and transmit herpes. “We see very few civil lawsuits involving alleged HIV transmission,” said Catherine Hanssens of the Center for HIV Law and Policy. “This is because HIV is more prevalent in disadvantaged communities where civil action would be futile, as people without money and steady employment are essentially immune from harm.” “I get calls from a lot of women who say they dated a guy who worked at Burger King and he gave them a disease,” says attorney David Jaroslawicz, who specializes in STD civil lawsuits. “And I told them there was no point in suing, because if they won, they wouldn’t get any money.”
So, how hard is it to prove in court that someone gave you herpes? “It depends on how many [sexual] partners the woman has,” Jaroslawicz said. “Assuming he limits his partner and has regular check-ups, and can say that Mr. ‘he has it, so it’s not that complicated.” Some argue that civil lawsuits help protect the public from those who engage in unsafe and unprotected sex by holding them accountable for their behavior. In a 2012 lawsuit known as the “eHarmony case,” for example, an anonymous 49-year-old woman sued a man on the dating site for negligence and battery after he infected her with herpes. His attorney, Randall Vogt, described him as a “hero” who held a “dangerous” man accountable for his actions and sent a message that people need to be held accountable for their actions. Some cynics view the herpes lawsuit differently. After all, the rewards for plaintiffs can be enormous, especially since many defendants will agree to settle their cases to avoid embarrassing court proceedings. “Assuming a man has money, the damage is huge,” Jaroslawicz said. He has won seven-figure sums on behalf of his clients. This lawsuit can also benefit the attorney handling the case. In California, where Usher’s suit was filed, civil rights attorneys’ fees can legally exceed the total amount recovered by their clients.
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In July, online gossip blog TMZ found a Facebook post from Quantasia Sharpton, one of Usher’s plaintiffs, saying she “needs money.” Some social media users suggested that Sharpton was just trying to get a cash reward from Usher. “It’s not a crime to be poor in America,” Bloom, Sharpton’s attorney, told TMZ. “Honestly, it’s not a crime you need money for. Most people need money.” The attorneys I spoke with emphasized that the consequences of a herpes diagnosis can be profoundly psychologically damaging, so much so that the Centers for Disease Control and Prevention does not recommend routine HSV-2 testing because “the diagnosis can have an adverse psychological effect on some people. .” And there’s no doubt that contracting herpes, especially when you have repeated outbreaks, can be very traumatic. The plaintiff in the eHarmony lawsuit, for example, was diagnosed with clinical depression after experiencing recurring and painful bouts of the illness. Jaroslawicz told me that many of the women she represents find the experience of having to repeatedly inform their future partners very stressful about their STD status. But not everyone agrees that being able to hold your ex responsible for infecting you is a socially beneficial practice. HIV advocates like the Hanssens worry about the risk of retaliation. “There is a lot of evidence [of revenge suits],” commented Hanssens. In his experience, cases are almost always brought by former spouses and partners.
“In a 1998 case handled by the Maine Supreme Judicial Court, for example, the plaintiff sued her husband for infecting her with HPV during their marriage, alleging that she contracted it while he was having an affair while they were still married. That she did not know about at the time, “he explained. “In fact, if you go all the way back to 1936, you’ll find a civil case like the one in which a woman sued her former lover for giving her pubic lice after he broke his promise to marry her. Of course, the plaintiff never said the case was about revenge; the facts of the case and the time strongly suggest it.” For more stories like this, sign up for our newsletter. Advocates like the Hanssens also fear that the increase
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