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NCJ Number: 122373 Add to Shopping cart Find in a Library
Title: Tort Liability for Sexual Transmission of Disease: A Legal Attempt to Cure "Bad" Behavior
Journal: Willamette Law Review  Volume:25  Issue:4  Dated:(Fall 1989)  Pages:807-827
Author(s): C M Fitzwater
Date Published: 1989
Page Count: 21
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
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Sale Source: National Institute of Justice/
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United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
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.
Main Term(s): AIDS/HIV transmission; Torts
Index Term(s): Civil liability; Civil remedies; Sexual behavior
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