Repeal of Washington Statute Does Not End Rights of Herpes and STD Victims

Washington until recently had a statute that prohibited a person with knowledge they carry a sexually transmitted disease from having sex with anyone without first disclosing the presence of the sexually transmitted disease. This statute was repealed in 2020. This should not end hope for those wrongly exposed to herpes and other STDs.

Most personal injury claims are brought under the law of torts, which is based almost entirely in case law, not statutes.

Most jurisdictions in the US have allowed claims against persons who passed herpes and other STDs without disclosing the risk to their partners. These claims have been recognized under theories of negligence, misrepresentation and fraud, battery, intentional infliction of emotional distress, and other case law torts that do not require statutory legal authority.

If you contracted herpes or other STDs from someone who should have disclosed the risk, do not assume because the Washington statute was repealed that you have no rights. Contact an attorney about your circumstances.


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