Can someone be held responsible for passing on HPV?

by Rachel on June 3, 2011

If someone knowingly has HPV, a guy in this instance, lies to his partner about it, and the girl develops cancer from the HPV, can he be held responsible by the law?

{ 4 comments… read them below or add one }

virtual insanity June 3, 2011 at 1:13 pm

I would think so. I’ve read of cases involving knowing transmission of HIV where the person was charged. I would think HPV that led to cancer could fall under the same law.

girl87 June 3, 2011 at 2:09 pm

yes, certainly. but if the girl has doubts, why did it? why had sex with him? that will be the contra-argument in the court. hope for the best for the girl.

Lily L June 3, 2011 at 2:52 pm

There was actually a case recently where this happened. The guy told the girl he was “disease free” and they had sex. Afterward, he told he she needed to get checked for HPV. She had warts and abnormal cells removed from her cervix. She won some ridiculous payout. Still this is rarely how things happen.

The problem with suing someone for giving you HPV is that with most cases would be it’s extremely difficult to prove that they were the one who gave you the HPV. Unless this was their only sexual partner, HPV is so common. Most sexually active people have it in some form.

Plus, most men NEVER get tested for HPV, so there’s no way for them to know they have it. So hypothetically, even though HPV primarily is a concern for women, it’s mainly women who have the positive HPV tests and could know they were spreading it. Men can rarely be held responsible because they rarely know they have it.

So, if a woman knew she was HPV positive, and had sex with a man who then tested HPV positive, and he sued her, he would have to show he got it from her. It would be damn near impossible to show he didn’t have HPV before he had sex with her. Even if he had a negative test right before they slept together, he could have had HPV living dormant in his system.

heyguy June 3, 2011 at 3:27 pm

There are no tests for men. Even if there was at test, it’s very difficult to have a correct diagnosis if there are no visible signs(ie, genital warts). It’s almost impossible to determine who the carrier is or was. If a person knowingly passes an STD(yes, hpv is an STD) and doesn’t inform his/her partner of the condition, it is a crime…I don’t know which law but I’ve heard of these cases, but 9/10 it involves “aids” cases.

Wrap before you tap it or don’t have sex. That’s the best preventative measure to stopping the spread of hpv.

My ex just developed cervical cancer caused by HPV, and I more than likely passed it on to her. But I told her before we became sexually active that I was almost positive that I had it…and the reason I know is because another ex of mine has had irregular paps but it hasn’t developed in CC. She decided that we would “cross the bridge when we get there” and we started having sex.

If you’re smart you’d speak to your partner about sex(protected or unprotected), discuss the risks of hpv and other STD’s, and then you would go from there.

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