Yes, you can file a personal injury lawsuit against someone who infected you with herpes. You can sue even if the sex was consensual. The lawsuit would claim that the transmitter was negligent. He or she could have prevented the transmission of their herpes, but failed to do so.

Can you go to jail for giving someone herpes?

Consequences of Willfully Infecting Another Person With an STD. Willfully infecting another person with an STD is a misdemeanor offense in California. Jail Time: Penalties can range from a maximum of 90 days in jail to a maximum of six months in jail, depending on the seriousness of the situation.

What can I do if someone gave me herpes?

If one of your sexual partners knowingly or negligently gave you herpes, you can file a lawsuit to hold them accountable. Call our herpes lawyer today at (833) 456-3529 for a free consultation.

Are you legally required to disclose herpes?

No, it is not illegal to not tell someone you have herpes. However, if you are in an intimate relationship with someone, it is best to let your partner know that you have an STD. This will allow you both to take precautions to minimize the spread of the STD. Oral herpes is often transmitted through non-sexual contact.

Can someone sue you if you give them an STD?

Can You Sue Someone For Giving You An STD in California? Yes. In California, it is against the law for a person to infect a sexual partner with a sexually transmitted disease (STD).

How long is a herpes outbreak contagious?

While an outbreak isnt necessary for herpes transmission, herpes is most contagious about 3 days before an outbreak; this usually coincides with an itching or burning sensation or pain in the area where the outbreak will occur.

What happens if you dont tell someone you have herpes?

Some people choose not to tell casual partners. They dont have sex during an outbreak and practice safe sex by using condoms. And this is an OK decision. In a relationship, not telling can cause anxiety and stress affecting your emotional and sexual health.