skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

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
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
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
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=122373

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.