Is Spreading Herpes Illegal?
The short answer is: NO. And I really wanted to write this post because if you search vaginal herpes in Google one of the top 10 ranked sites has horrible misinformation. The author appears to be scaring readers into purchasing a 72 hour cure for herpes (don’t bother – I read it and there is nothing in there you haven’t heard before).
One of his blatant claims is how easy it is to spread the virus and stating: In some places it’s even illegal.
This is not true.
Well, maybe there is somewhere someplace in the world that spreading herpes could be illegal but for the sake of the English speaking hemisphere here in North America and Europe (and beyond) – it’s not.
It is absolutely and horribly wrong to not advise partners BEFORE you have sex that you carry the virus. It is non-negotiable in my world and there is never without exception any excuse to withhold your status.
That being said, if you do transmit the herpes virus to a partner you will not be criminally responsible. Meaning you will not go to jail. Note the distinction because in many countries and States you could be civilly liable which means it could be very expensive for you. And in my opinion, depending on the circumstances, you would deserve this. The majority of cases have focuses on people with herpes who did NOT inform partners in advance and therefore took away any choice their sexual partners had in being exposed to the virus.
Courts will take all information into consideration and depending on the degree of deception will ensure that any monetary penalties are severe enough to hurt. For example a woman in Australia was awarded $7,000,000 after having contracted genital herpes from a (wealthy) partner that did not disclose his status to her. Can you see how saying, I have herpes, can save you a lot of time, trouble, and money?!
Plus it’s the right thing to do.
You will often see comments on websites that claim spreading herpes is illegal as it is a form of sexual battery however this confusion arises from a bill (HB-657) that was introduced in 2004 that would have made it illegal, but as the bill did not pass, those guilty of herpes transmission are not guilty of sexual battery. For those that are interested the draft of the bill read as follows:
Infected sexual battery; penalty. Provides that any person who, knowing he is infected with genital herpes, has sexual intercourse, cunnilingus, fellatio, anallingus or anal intercourse with the intent to transmit the infection to another person, is guilty of a Class 6 felony.
What I find interesting is the part about, “intent to transmit”. Withholding your status is not necessarily an intention to infect your partner so I can imagine this could be a pretty big loophole for lawyers to exploit. At any rate, the bill did not pass and so it is a non-issue.
The bottom line without getting on my soap box is, while you will not go to jail for genital herpes transmission, just man up and do the right thing by telling people BEFORE you have sex with them.
Word.
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Thank you so much for this message! There are so many sites out there giving wrong information and I really appreciate your blog.
Hello…i was infected 2 year ago by a man gamme genital herpes intentionally he know it and now herpes injury one of my nerves in my leftside of my body causing me pain numbness slow progress can become severe debilitating..now i see a neurology doctor because herpes cause nerve problem call peripheral neuropathy a disorder.iam sad now i have to deal with pfisical injury.a lot of people here complaint about pain in the leg.go and see a neurology you will find the answer like me.if you have any queastion you can email me and ask me. i can guide you.Chuladominante@hotmail.com
Soon in march i am partisipate in a research study therapy for genital herpes to prevent genital herpes outbreaks research study a vaginal ring that delivers a similar medication valacyclovir valtrax using a vaginal ring for up to 2 weeks 9 visit over 5 weeks paying me up to 350$ i am happy to participate in this research in the future if they need for a cure i am glad to help
I was not aware ppl went to prison for this until I read this article!
http://www.dailymail.co.uk/news/article-2042851/Traffic-warden-jailed-giving-girlfriend-herpes-freed-prison.html