Craig D. Rosenbaum | August 31, 2021 | Personal Injury
New York does not have a criminal statute requiring disclosure of every sexually transmitted infection before initiating sexual contact. The state’s public health law does cover specific infections.
Under New York Public Health Law § 2307, it is a misdemeanor for a person who knows they have an infectious venereal disease to have sexual intercourse with another person. The statute doesn’t name individual infections; enforcement has historically focused on serious infections.
What About Herpes?
New York law does not single out herpes by name in any criminal statute, and criminal prosecutions specifically for herpes transmission are uncommon. However, the general public health statute’s reference to “sexually transmitted infections” could cover a failure to disclose a herpes infection to a sexual partner.
Whether someone may be held liable will turn on the circumstances, including whether they knew they had herpes, whether they disclosed their infection, and whether the other person contracted the virus as a result of the sexual contact.
Civil Liability for Failing To Disclose
Even where criminal prosecution is unlikely, a person who knowingly transmits an STD without disclosing their infection status can face a civil lawsuit from the victim. New York courts have recognized claims for negligence and battery in cases where one partner knew they carried an infection and failed to tell the other before sexual contact.
To succeed on a negligence claim, the plaintiff generally needs to show:
- The infected partner knew or should have known about their infection
- They failed to disclose it or take reasonable precautions
- The plaintiff contracted the infection as a result.
A battery claim may also apply if the plaintiff can show that sexual contact occurred without meaningful consent. The idea here is that consent to sexual activity doesn’t extend to exposure to a known infection that the other person concealed.
Compensation in a Civil Claim Regarding STDs
A civil claim involving the transmission of a sexually transmitted infection or disease allows a victim to recover compensation for the financial and personal harm of the transmission.
Recoverable damages may include money for:
- Diagnostic testing
- Medication
- Ongoing medical treatment
- Counseling
- Lost wages
- Other out-of-pocket expenses
A claimant may also pursue non-economic compensation for pain and suffering, humiliation, damage to intimate relationships, and the long-term effects of living with an incurable condition.
Punitive damages may be available if the defendant knowingly concealed an infection or deliberately exposed another person without warning. These damages can provide a sense of accountability and justice in STD cases.
What if the Transmission Occurred During a Sexual Assault?
When an STD is transmitted as a result of a sexual assault, the survivor may have grounds for a civil claim independent from any criminal prosecution. Because sexual assault involves contact without consent, the underlying act itself may be grounds for civil liability.
New York also temporarily revived certain otherwise time-barred civil claims under the Adult Survivors Act, depending on when the assault occurred and the nature of the offense. Survivors who believe they contracted an infection as a result of an assault should consult with an attorney to understand which filing deadlines apply to their specific circumstances.
Contact Rosenbaum Meier Personal Injury Lawyers To Schedule a Free Consultation With a New York City Personal Injury Attorney
If you’re facing a legal issue related to STD disclosure in New York, you have rights. If you believe someone failed to disclose to you, you could have a personal injury claim that allows you to seek accountability and compensation for the harm you’ve suffered.
Contact Rosenbaum Meier Personal Injury Lawyers to schedule a free consultation with a New York City personal injury lawyer to learn more about your legal options.
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