Sexually Transmitted Disease

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1966AJW

Well-Known Member
23 April 2019
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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.
 

Rod

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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.
 

1966AJW

Well-Known Member
23 April 2019
52
0
196
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.
Thanks Rod,

Very much appreciate what you contribute here.
 

1966AJW

Well-Known Member
23 April 2019
52
0
196
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?
 

Rod

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

Well-Known Member
25 July 2018
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NSW
If you're in NSW, then transmitting certain STD's could be a criminal offence.

First, the NSW Crimes Act:

4 Definitions
"Grievous bodily harm" includes "any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease)."

There are two offences depending on intent or recklessness:
33: Wounding or grievous bodily harm with intent (Maximum penalty 25 years)
35: Reckless grievous bodily harm or wounding (Maximum penalty 14 years)

"any grievous bodily disease" is a blanket definition, therefore it would cover anything that causes serious harm or has a prolonged effect. This would likely include herpes because while it can be treated, I don't think there's any cure.

The other piece of legislation dealing with STD's is the NSW Public Health Act, but it's probably not applicable in this case.

79: Duties of persons in relation to sexually transmissible diseases or conditions
A person who knows that he or she has a notifiable disease, or a scheduled medical condition, that is sexually transmissible is required to take reasonable precautions against spreading the disease or condition.
(Maximum penalty $11,000 and/or 6 months.)


"Scheduled medical conditions" are listed in Schedule 1 of the Act and "notifiable diseases" are listed in Schedule 2. I don't see herpes listed in either, which makes me think that it's covered under the Crimes Act.

If you're not in NSW, other states may or may not have similar offences and penalties.

One precedent that I know of is from the UK, where a man was given 14 months imprisonment for passing genital herpes on to his former partner. I think it was in 2011.