NCJ Number
122373
Journal
Willamette Law Review Volume: 25 Issue: 4 Dated: (Fall 1989) Pages: 807-827
Date Published
1989
Length
21 pages
Annotation
This article explores the elements constituting tort liability for the transmission of a sexually-transmitted disease and discusses the policy implications of these tort actions.
Abstract
A crucial element in a viable tort action for the transmission of a sexually-transmitted disease is the defendant's knowledge that he or she is infected with the disease. An asymptomatic defendant may not be held liable because he or she would not possess the knowledge necessary to knowingly infect another. Most tort claims for knowingly transmitting a sexually-transmitted disease would be based on a claim of plaintiff's negligence, although claims based on misrepresentation, deceit, or fraud are also possible. Lesser theories for causes of action are based on battery or the intentional infliction of emotional distress. Defenses available to defendants include interspousal immunity and illegality. The article concludes that it is ineffective public policy to allow recovery for the intentional infliction of a sexually-transmitted disease. 155 footnotes.