Legal Question in Civil Litigation in California

I was casually dating a friend and we had verbally agreed to notify each other if either of us were interested in seeing other people especially before things get physical- especially since sometimes had unprotected sex. We talked about the agreement at least three times over the course of five months. I later found out via texts that the 'friend' had begun an ongoing sexual relationship with someone else (engaging in a threesome at least once with the aforementioned person and her male partner) after agreeing to be exclusive. I confronted the friend in-person on 11/19 about finding out about the other person, but they said they didn't know what I was talking about and said they would put the text in context. Haven't spoken to them since, but the texts clearly indicate a sexual relationship. I have since been tested for HIV/AIDS. I've talked to others and they say I should sue the friend for sexual endangerment. Would like to get an explanation, admission, and/or apology, but there hasn't been any communication since 11/20. I don't want this to happen to anyone else. Where do I go from here?


Asked on 12/30/11, 8:47 am

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Move on with your life. You don't have a cause of action.

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Answered on 12/30/11, 9:14 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Roach. You can't sue your lover for cheating on you. The only way you could have a viable claim would be if he caught a disease while cheating, knew that he had caught it, and then engaged in sex with you that was reasonably likely to transmit the disease to you *and* had assured you that he was still healthy after fining out he was ill. My sense is that this isn't what happened.

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Answered on 12/30/11, 4:55 pm


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