Legal Question in Criminal Law in Minnesota

Two persons are involved with one another sexually. Person A ( Male) Person B (Female) Both parties consent to have a exclusive sexual relationship with one another. Person B has several sexual relationships with numerous other parties. Person A is then diagnosed with a STD ( not HIV), but one that has no cure, 3 years into what was supposed to be an "exclusive" sexual relationship. Person A had a STD testing done at a State Heath Dept. Facility in 2008 and was tested negative for the STD.

Is there any legal basis for a criminal sexual assault case? Or any criminal case as defined by law?

Can the person be charged with MN statute 609.2241?

How does one bring about a law suit and or begin to press charges in this type of matter?


Asked on 8/10/11, 3:28 pm

2 Answer from Attorneys
Landon Ascheman Ascheman Law

The woman could not be charged with cheating on the man. However, it might be possible for the woman to be charged with assault for knowing transfer of a sexually transmitted disease.

However, in order for her to be held criminally liable, she must have been informed that she had the STD by a medical professional, and she must have been counseled about how to prevent the spread of the STD. She must have failed to follow those measures and failed to inform the man.

Over all, it can be a tough burden for the State to prove. It also needs to be shown that the man got the STD from the woman.

It is the States decision to pursue criminal charges, but the man can make a police report if he wishes. The man may have a civil claim agaist the woman though.

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Answered on 8/10/11, 4:42 pm


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