Legal Question in Civil Litigation in Texas

Herpes

Can you sue someone for possibly giving you herpes if you consented to sex? Into the relationship you developed herpes,and asked person if they could have given it to you and the answer was I have had rashes but I have never had a medical diagnoses.

My husband committed adultery and the woman claims she will now sue him over this. Is this even possible?


Asked on 1/03/03, 12:54 pm

1 Answer from Attorneys

Re: Herpes

In Texas, you can you sue someone for giving you herpes even if you consented to sexual relations. The consent could be found to be ineffective if she did not know she would contract a STD. He knew he had rashes and should have had it treated or told her before she consented. Moreover, there are cases where the wife raised a similar claim.

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Answered on 1/03/03, 1:38 pm


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