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I gave him herpes


Question Posted Saturday February 28 2015, 1:27 am

I went t0 the doctors and she said I had herpes she just looked at me and gave me meds but never did a real test on me.I have herpes. I gave it to this guy and now he's going to prosecute me. I have a two year old and I can't go to jail. I was raped perviously by another guy and was embarresed.I don't know who the guy was. I didn't know I had an out break. I take meds everyday. So does he have a case? I asked the doctor if it was illegal for me to not tell anyone she said no. I dunno if this is true. HE now has herpes. What do I do.

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Lilyadvice answered Tuesday March 3 2015, 1:12 pm:
Dear I gave him herps,
I know this may be hard for you, but you should probably just be honest and tell the truth. I know it may be hard, and now one likes talking about being raped, but in this case, telling him would be the easy way out. Sorry if my advice isn't what you want, it's just the best thing I have for your case. Sorry:(

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Grandfather answered Saturday February 28 2015, 1:42 pm:
Dear I gave him herpes,

When you know that you have herpes, it's only OK to have sex, as long as your partner understands and accepts the risk.

In many states, its considered a misdemeanor and may get you jail time, a fine and or both if you engage in sexual activity knowing that you have the virus and don't inform your partner.

However, if he prosecutes or brings a civil suit and he says you knowingly gave him the virus, he'll need to have proof which could come from records from your medical doctor, such as a blood test, prescriptions for the infections, proof of outbreaks or proof that you knew by telling someone else and they could be a witness.

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Dragonflymagic answered Saturday February 28 2015, 1:26 pm:
If I were you, I'd talk to a lawyer. But there is no way to prove a person knew before hand or not unless you actually admit you knew. If you were raped and could have got it there, did you go see the Dr. after the rape, did they use a rape kit and carefully take all steps with you including to treat you for the possibility of STD's and test for herpes. If you have never had yourself specifically tested for herpes, there's no way to know if you were a carrier. Just because someone is a carrier of herpes doesn't mean they pass it on to someone each time they have sex.

My guess is that what Dr.s know about herpes will mean that they throw his case out of court.

I know, cus I have herpes. I always made sure to regularly get checked for STD's. What i did not know is that Herpes screening is not included in those screening at all on the one time I asked if it was. So i ordered it. It came back positive and this was in my forties, that I finally learned I was a carrier, and never had an outbreak.
The reason why the majority of the population have it and don't know it is because they have never had an outbreak. Think about it, an outbreak is painful and there's an obvious sore on the body and no one is going to feel like having sex when their genitals are screaming in pain or the sores are near the mouth, no kissing no sex. My mom used to get the oral kind and wouldn't kiss when she had the mouth sores. But the issue that makes it such a problem is that the herpes virus can sit in limbo forever at the base of your nerves in the location it was first transfered by contact, and for many it takes some stress in life to make it travel to the surface where the virus sits on your skin without showing any outbreak for about 2 days before sores develop. It is this two day window of time when it is present

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Razhie answered Saturday February 28 2015, 12:01 pm:
If you knew you had herpes, and didn't tell him, there are states and countries where you can be criminally prosecuted for knowingly exposing someone to herpes. There are also places where civil cases have been brought against people who knowingly exposed others to sexually transmitted illnesses without disclosing.

So, if you were diagnosed with herpes before you started having sex with him, in some places, he'll have a case against you. It's rare that one of those cases can go forward - but they do exist.

You'll need to speak to a lawyer. Your doctor isn't a lawyer, and although it's not 'illegal not to tell anyone' this guy wasn't just anyone, he was a sexual partner, and it could be illegal to not have told him.. Doctors aren't necessarily going to have the most up to date information on the situation. You need a lawyer.

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adviceman49 answered Saturday February 28 2015, 9:30 am:
We are not Lawyers more importantly even if any of us were; we would need to know what State you live in as the laws differ from state to state.

Though I believe your doctor is probably correct I suggest you contact a lawyer to see if you can be sued in your state for this. Also understand prosecute does not always mean criminal trial. He can try to bring civil charges against you in domestic relations court. No jail time only a finding for compensatory damages. I have not heard of anyone winning this type of civil case or getting the state to take up a criminal case on something such as you have written about.

Still your best advice will come from an Attorney at Law. First visits with an Attorney are generally no charge while they evaluate you need for their service and if they will take your case.

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