Like me, you probably never thought you’d use the words genital herpes and the law in a single sentence. But now, when you think about the person who gave you or your partner genital herpes, do you sometimes feel like dragging them through the courts?
When I met my former partner and learned how she’d been infected (by a man who didn’t tell her about his condition), I sure did!
Of course, that kind of instinctive, get-revenge feeling dies down after a while, and I never did take that man to court. But I still like to day-dream about how it might have gone, if I had!
Feel a bit the same? Well pop on a judge’s wig and join me as I look at the four major issues any legal action might entail. You’re signing up for Genital Herpes and the Law 101!
Will the courts throw them in jail?
“Criminal law” is designed to punish those who commit crimes – when a case is proven, the defendant has to pay a fine to the State and/or to go to prison. When you look in this section of Genital Herpes and the Law, you’ll learn about how criminal law deals with people who infect others with genital herpes.
Actual prosecutions for transmitting genital herpes
Sending someone to jail for transmitting genital herpes is actually very rare. In this section, you can read about the only two examples of criminal prosecution I could find.
Will the courts give me millions in compensation?
“Tort law” is designed to compensate those who are victims of wrongful acts – when a case is proven, the defendant has to pay monetary compensation (“damages”) to the victim. When you look in this section of Genital Herpes and the Law, you’ll learn about how tort law deals with people who infect others with genital herpes.
SHOULD the courts throw them in jail?
Even if it’s possible to lay criminal charges against the person who got you or your partner into this mess, is it really a good idea? This section weighs up the pros and cons of criminal prosecutions against people who transmit genital herpes.
SHOULD the courts give me millions in compensation?
There are pros and cons about using tort law too. Are you sure you want to run off and launch a lawsuit? This section will help you decide.
Jurisdiction Note:
Whether the law can help a person who falls victim to genital herpes depends on the “jurisdiction” where he or she contracted it. A “jurisdiction” is a geographical area, and the world is divided into several hundred jurisdictions. Often, these correspond to whole countries: for example, Canada is a jurisdiction, and New Zealand is a jurisdiction. In other cases though (often in countries whose regions have a history of independence), jurisdictions correspond to smaller areas such as States or principalities: for example, California, Texas, New York… and all of the fifty States are each distinct jurisdictions, even though they form part of a single country (the USA); and Scotland, Northern Ireland and England/Wales are each distinct jurisdictions, even though they form part of a single country (the UK). “Jurisdiction” is a word you’ll see often in the pages of the “Genital Herpes and the Law” section.
So, that’s it: Genital herpes and the law, in a nutshell. Enjoy your reading, and don’t tell your attorney you’re getting this for free!
