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I can find many references to the filing of this case, and none to how it was eventfully settled. Also inthis was making headlines: The decision upheld the right of Jane Maharam, 56, to sue her former husband Robert, 56, on her claim that he had herpes and did not tell her. The court found that such partners have a legal duty to inform each other about their venereal diseases.
So, legal experts have begun to ask whether the responsibility for taking precautions should be shared.
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He also noted that judges have not come right out and described what they would consider a legally acceptable way to break the bad news to a lover. In herpes litigation, the claims against partners have ranged from those who sinned by omission, keeping mum about their status, to those who, when asked if they had a sexually transmitted disease, lied. In a opinion in a herpes case, a California appellate court acknowledged that while rulings on bedroom behavior infringed the right to privacy, public-health-policy concerns loomed larger.
Courts have decided that if someone is infected, aware of it and sexually active, that person has a duty to inform a partner, who by extension, has a right to know.
Essentially, what was put forth was that this would make the prenuptial agreement invalid as the agreement would have been based on fraud… not all the information was given to Gest when signing the prenup.
Once again, you only can find reference to the announcement of the lawsuit, and no reference to its outcome.
Interesting here is the woman said she was denied health insurance after getting infected with herpes. The77 year old man said he would appeal.
Where there is blood in the water, you are sure to find sharks. Lawyers seem to be more actively chasing the herpes ambulance. Could a prostitute sue someone for giving her herpes?
Is only a person who knows they have or have had an STD required to bring it up? People that get tested are simply being responsible.
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Must the responsible people bear all the responsibility simply because they got tested? A reasonable person would know this. You CAN be sued for not telling someone you had herpes.