Detroit, Michigan Resident- Boyfriend Gave Me STD! Can I Sue Him?!?!?

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I am a resident of Michigan and I live in the Metro Detroit Area.  I took a look at your Blog entries but I didn’t see anything that even came close to answering the question that I have.  I’m a college student and I just went to the doctor recently and found out that I tested positive and have HPV, which I got from my boyfriend.  I had no idea that my boyfriend had an STD because he never told me.  When I confronted him he admitted to me that he had an STD.  I am extremely upset.  I am only 18 years old and now I have to live with this virus for the rest of my life.  I fell like my boyfriend (ex-boyfriend) should be punished.  Although I consented to having sex with him I had no idea he had a sexually transmitted disease.  Now, I will have this STD forever.  What Can I do?

Comments

  1. Canu Torrice Law on February 6, 2012 at 6:49 pm said:

    Hi Cynthia-

    First, I am really sorry to hear about this unfortunate situation. Although you may have consented to having sex with your partner you certainly did not knowingly and voluntarily consent to having a sexual relationship with an individual who was infected with a sexually transmitted disease.

    STD laws are fairly new in Michigan legislation. For example, it is a felony in Michigan to engage in sexual intercourse if you know that you have AIDS or HIV. It is seen as a health risk to the citizens of the State of Michigan and there is strong public policy support for punishing those who knowingly have a sexually transmissible disease and engage in sexual intercourse.

    If what you are stating is the truth and your sexual partner did in fact know that he had a sexually transmitted disease and engaged in sexual acts with you without first informing you of his disease, then you have an excellent chance to prevail in a lawsuit. Please call us to schedule an appointment so that we may begin gathering the necessary information to initiate a lawsuit. (586) 285-1700.

    There are many different factors that go into succeeding in a lawsuit such as this one and most important of those factors is proving that your boyfriend actually knew he had the disease while he engaged in sexual intercourse with you. There has been some Michigan Case Law which discusses the liability of an individual who has an STD and knowingly participates in sexual acts with another individual who is unaware of the STD. Knowingly infecting a sexual partner with a serious disease and not making that fact known to the partner should result in civil liability.

    Please contact my office and schedule a free consultation to meet with me or another attorney at Canu Torrice Law. Our consultations are 100% free. This subject is extremely private and sensitive in nature so speaking in private is for the best.

    PETER A. TORRICE
    Canu Torrice Law
    http://www.AllLegalMatters.com
    (586) 285-1700

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