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Can I sue my ex for giving me an STD?

By Garry Hertzberg, practicing attorney at Dewey Hertzberg Levy attorneys and presenter of The Laws of Life on Cliff Central

When we enter into an intimate relationship, we seldom think of asking our partner if they have a sexually transmitted disease (STD).

This sort of question could certainly ruin the romance in a relationship. The last thing we think about when we look at the attractive man or woman at the bar is whether or not they have a disease. The majority of these diseases are not easily recognisable, and affected people do not show symptoms for the first few months or even years.

The most important question that attorneys get asked in this regard is: Can I sue my ex for giving me an STD? The answer to this is far more complex than one may think. One has to establish whether or not the guilty party knew they had an STD and whether or not their partner asked them to disclose this sort of information.

Spreading an STD is not as obvious as going on a shooting spree, but in actual fact, it harms just as many lives.

Certain STDs such as hepatitis and HIV have devastating effects on people’s lives. On a daily basis, South Africans are exposed to numerous campaigns aimed at alleviating the spread of these dreaded diseases. However, there are many other sexually transmitted diseases that are harmful and can even cause infertility.

A full STD screening can cost up to R5 000. This is unaffordable for most people, and many are unaware of whether or not they have one of these dreaded diseases. Several people also tell themselves ‘it will never happen to me’ and only wake up and use protection after they have been infected. By this time it is already too late.

As extreme as it may sound, sex can kill. It is imperative that we practice safe sex to avoid being sued and feeling exceptionally guilty.

The fact of the matter is that a seemingly innocent one-night stand could lead to a lawyer’s letter for one party and a nasty STD for the other.

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