Sexually Transmitted Disease

Discussion in 'Other/General Law Forum' started by 1966AJW, 14 August 2019.

  1. 1966AJW

    1966AJW Well-Known Member

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    Disclaimer - I posted this in the wrong forum earlier but have not removed the other post.

    Sad story, my dearest daughter suffered a marriage breakdown just last week.

    Long story short he has been cheating on her through dating sites, brothels, liaisons etc since before they were engaged.

    To the point that he has spent all of their savings $85k on these activities.

    In the process of online conversations with the "ladies" he has maligned my daughter in many ways, making comments about her performance etc. and also about her personality and character.

    So in essence he has defamed her on private social media and in messaging conversations.

    Some questions I have attached to all of this are:

    1. Given that most of what was said to individuals can my daughter sue him for defamation of character?

    2. Given that he spent what was in essence their savings on pros is there any way she can make a claim against him for the loss? Note: The account that was attached to the money was only in his name.

    3. My daughter found out the extent of his activities from a tablet computer that he uses. This device is attached to a plan that is in his name. My daughter had access to the device and has the password to his bank accounts and the device which demonstrates that she was permitted to access the device. Woould it be an issue if she used what was discovered on the device as evidence of his activities?

    4. Would it be an issue if she used the information from the device as proof to reveal his actions to other family members who are accusing her of lying about his activities?

    5. Information on the device shows that he has sought information, advice and treatment for STD's. my daughter has been tested and we are awaiting the results, if she has contracted an STD what rights does she have to compensation against him? If it is a serious disease can he be charged with some form of endangerment? He knowingly passed on an STD to my daughter (FYI he has been her only partner).

    6. And lastly, divorce. I know that there are mandatory periods before a couple can divorce, but given what he has done and the time frame over which he has done this can my daughter file for immediate divorce? She wants nothing more to do with him and wants no association with him or his name and any other issues or financial problems that he may get himself into. Does she have grounds to circumvent current requirements?

    So fairly complicated to me as a lay person but hope that someone will have had similar dealings that we can draw from.

    Thanks in advance.
     
  2. Rod

    Rod Lawyer
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    1. Yes

    2. Maybe, see 6(b)

    3. No, it would be considered joint marital property

    4. No, but she must be truthful else become liable in a defamation claim herself

    5. Possibly. Issue is whether he knew and was reckless

    6. (a) no. (b) no. She should however commence property split asap and make a claim that $85k has been 'wasted' and should be part of the husband's property pool which he has already spent.
     
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  3. 1966AJW

    1966AJW Well-Known Member

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    Thanks Rod,

    Very much appreciate what you contribute here.
     
  4. 1966AJW

    1966AJW Well-Known Member

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    One last question on this relating to point 5 and STD's.

    Daughters tests have come back positive to two types of STD, herpes and genital warts.

    He was her only partner, ever.

    And based on his web search history regarding symptoms of "itchy dick" treatment, STD's etc. he was fully aware that he had this issue.

    Having passed this on to his wife (my daughter) recklessly and without any consideration to her health or well being.

    Therefore has he caused reckless endangerment, or malicious infliction of grievous bodily harm?

    I know that the law will get nit picky on specific terms such as "inflict" and "reckless" but from research there seems to be quite a bit of history on this topic.

    And it seems that even though the act of intercourse was consensual the risk encountered was never advised and as such places the victim in danger, whether that endangerment is immediate or over an extended time frame is irrelevant. What is relevant is that the victim was subject to harm without consent.

    Furthermore it seems that it is also attached to individual acts of endangerment, so for ever time that he knowingly exposed her to the potential of an STD, or for every time they had intercourse.

    Would this be a reasonable understanding?
     
  5. Rod

    Rod Lawyer
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    Possibly however I do not practice in the personal injury space so hesitant to answer.
     
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