Liability and the Sexually Transmitted Disease

Contracting and STD without Prior Knowledge

Consider this scenario: Following consensual sex, an individual discovers they have been infected with a sexually transmitted disease. If he or she had known their partner was infected, they would not have consented to unprotected sex. Although this potential plaintiff may have a civil claim for battery and/or negligence, there have been no reported trial decisions in Canada regarding such a compensation claim based solely on the transmission of an STD. It is more likely the scenario above would result in criminal charges for sexual assault…

Liability-and-the-sexually-transmitted-disease