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PUBLIC OPINION > Victims of 'Surprise STDs' Should Not Get Compensation

SodaHead News 2012/06/08 13:00:00
The media recently reported on a 49-year-old woman who received genital herpes from a 69-year-old man she met on eHarmony. The woman won $900,000 in court after convincing the judge that the man did not tell her about his disease, and aggressively refused to put on a condom. We wanted to know what the public thought about "surprise STDs."

sodahead stds

The overall vote was enough to make a judgement call, but it was close and controversial. One reason it was so controversial is because the situation is inherently vague. Even in the case cited above, it's very unclear what the actual circumstances were. If the defendant was aggressive enough to refuse a condom, why wasn't it called "rape"? Should that even matter? What if a victim lies about being informed, just to make a profit? There are a lot of variables.

Conservatives Dismiss the Court

The only demographic to play a major role in this issue was politics, and you can probably guess the outcome: Liberals were keen on punishment, while conservatives were quick to dismiss the court. The primary argument against punishing people who spread STDs without warning is that the victim had a certain level of responsibility, as well -- assuming, of course, it wasn't rape.

Teens Know to Use Protection

The age breakdown was interesting. Teens were the most likely to deny compensation, probably because they're still going through sex ed and know just how important protection is. However, support for compensation formed a sort of bell curve, peaking at the 25-34 range, probably about the age skimping on protection becomes the most tempting.

Men Are More Likely to Punish

We were curious to see if gender affected the results -- maybe women would be more likely to sympathize with the victim in this particular case. But there was hardly any difference at all, and the difference that did exist was the exact opposite. Women were a little bit more likely to let the defendant off the hook.

If you'd like to vote on this question, dig deeper into the demographics, or engage in existing discussion about the topic, visit our poll about surprise STDs. We'd love to hear from you!
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Top Opinion

  • Amelia 2012/06/08 16:16:02
    Amelia
    +9
    No. sorry you slept with him, you dealt with the STD. If he said no condom, you best get out of that bed!!!!!!!!!!!!!!!

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  • sundance Nuke 2012/06/13 08:52:49
    sundance
    Not sure he is seven. However, I think he might be trying to impress a group of them. Read the catchy, psycho babble load of mindless dribble he laid on me. And I am curious. What the hell is a "psychopathic God construct" anyhow. Home boy is attempting to be a legend in his own mind...Just a thought....
  • Nuke sundance 2012/06/13 22:28:10
    Nuke
    I just meant that he's really immature who has no idea what he's talking about. lol
  • sundance Nuke 2012/06/14 10:13:57
    sundance
    +1
    Well I actually meant immature. He has not posted once that he wasn't just blatantly attempting to start a fight. Anyhow, I agree...Just a thought...
  • rosesvengeance BN-0 2012/06/10 06:02:33
    rosesvengeance BN-0
    Well not informing someone you have an STD before you have sex with them is ILLEGAL.
  • kameswar.rao1 2012/06/10 04:53:50
    kameswar.rao1
    +3
    it's to sad and bad
  • Fariborz-Zak 2012/06/10 04:48:59
    Fariborz-Zak
    so sad so bad
  • mr echo 2012/06/10 04:24:20
    mr echo
    No it's her fault
    Dumb bitch
  • thє вlu... mr echo 2012/06/10 13:20:05
  • mr echo thє вlu... 2012/06/10 13:35:02
    mr echo
    I never said I was perfect or anything like that
    But blaming dating agency because she got std is just an insane stupidity
    I have fish nothing good for her
  • wamcalif 2012/06/10 02:24:27
    wamcalif
    +2
    I can see the decision if the guy assured the woman that he was healthy. The woman has a duty to take ordinary precautions to protect herself. She's 49 and ought to know better than to take a risk with a guy she barely knows. I would imagine the man has passed the disease to other women on line.
  • BlackNeko 2012/06/10 02:12:32
    BlackNeko
    WTF? what if someone got AIDs cuz NastyNed lied about his problem?? HE should deserve 2 pay for a LIFELONG illness HE caused....What if she was raped??
  • thє вlu... BlackNeko 2012/06/10 19:47:23
  • BlackNeko thє вlu... 2012/06/10 21:02:16
    BlackNeko
    all women arent victims...it can happen to men two if the girl lies about it
  • sundance BlackNeko 2012/06/12 22:26:05 (edited)
    sundance
    Damn valid point....As I said in an earlier post. STD's don't just kill woman....Just a thought...
  • sundance BlackNeko 2012/06/12 22:25:17
    sundance
    What if she wasn't? What if she was just as stupid as "NastyNed"? So what now? Seems to me, like they are both going to pay....Just a thought....
  • BlackNeko sundance 2012/06/13 01:52:12
    BlackNeko
    oh im not saying shes not stupid, shes as stupid as they come (no pun intended) but he did cause her to have a potentially life changing (or threatening) disease
  • sundance BlackNeko 2012/06/13 09:00:33
    sundance
    Actually, she shot herself. He just supplied the gun...Responsibility is not a two party concept....Just a thought...
  • BlackNeko sundance 2012/06/13 13:02:10
    BlackNeko
    Using this logic people can do whatever they want to someone as long as they are behaving in a way where people can take advantage of them. That buisinessman shouldnt have walked down a dark alley, because he should have known he might have been robbed. That girl shouldnt have gone out with someone she met online, because she should have know he might have been a bad man..ect. If that was true, laws wouldnt have a purpose and society as we know it would end
  • sundance BlackNeko 2012/06/13 20:37:09
  • nickthecanuk 2012/06/09 22:54:39
    nickthecanuk
    Depends, if they are just whores who sleep on someone new everytime you turn around then No because it would just be another way to get money, no free rides for them! The opposite sure if there is a vaild reason
  • MistyFay8879 2012/06/09 22:49:14
    MistyFay8879
    +2
    So absurd! When he refused to put on a condom...that should've been her cue to get the hell out of there! That judge should be smacked for giving her $900K...they are both idiots!
  • PaulBot415 2012/06/09 20:23:12
    PaulBot415
    +2
    Look before you suck next time sweetheart. LOL.
  • wandadear PaulBot415 2012/06/09 22:47:45
    wandadear
    HAHAHA
  • Yuki ~ ♦Lion King of PHÆT♦ 2012/06/09 20:12:28
    Yuki ~ ♦Lion King of PHÆT♦
    +5
    I'm not sure which side to take.

    If someone refuses to use a condom, don't have sex, period.

    Still, I feel if there's reasonable evidence to suggest that a partner knew and was aware that they had an STD, and the matter is further pursued to prove that they knew before having sex and still insisted on putting a partner at risk, that they should be forced to give compensation. If you have an STD, know it, and fail to disclose it, you should be in legal hot water for that.

    And the evidence for this would be anything from an facebook message fired off to a friend saying, "I got the clap, and I'm gonna get it looked at later, but I'm still picking up that hot chick tonight at ten" to a formal STD test result. Because that shows the person was negligent and willingly and knowingly put others at risk.

    But otherwise, to demand compensation opens a whole door of ugly possibilities that will drown our legal system, and I don't think it's reasonable at all. When you have sex, you take the risk. You demand protection, or don't do it at all (and if forced, it then becomes rape, which becomes an entirely different issue). I just think that there are a few cases where it's abundantly clear that someone knew they had an STD and didn't care, and that those cases should be given consideration.
  • MissJo Yuki ~ ... 2012/06/09 21:23:51
    MissJo
    +2
    Wonderfully said!
    One also has to consider those who will say they will put on a condom but fail too. I've heard stories, I can't personally confirm any, of women telling men to put on a condom and than having them slip it off when she isn't paying attention and have sex with her without one. Why? Well, they didn't know how to put on a condom or just thought it felt better without it, it got to the point where she put it one for them.

    This isn't her duty though, she shouldn't have to put on your condom because she doesn't trust you to do it or keep it on. Going further, lying to her about this is a serious breech of trust and putting her body and life at risk.

    If you have an STI you have a responsibility to let other people know that you have an infection, and if you were told to put on a condom you have a responsibility to put it on correctly and keep it on.
  • Yuki ~ ... MissJo 2012/06/09 21:30:03
    Yuki ~ ♦Lion King of PHÆT♦
    +2
    Exactly.

    I mean, I won't fault someone if they didn't reasonably know that they had an STD, but if they knew and failed to disclose it, there is something seriously wrong with allowing that to happen.

    As for men who slip off the condom without the woman knowing-- there should be serious repercussions for that. If you agree to have sex with someone and they want you to wear a condom, that doesn't mean you put one on and then take it off. >.> I'll never understand why anyone thinks that's remotely okay.
  • MissJo Yuki ~ ... 2012/06/09 22:49:02
    MissJo
    +1
    Right? It's not okay at all! I mean, ESPECIALLY if this was a kink situation (like the one in the story). If you can't trust a man to keep a condom on, why trust him tying you up and consensually hurting you? Why trust him respecting your limits and listening when you use a safe word? I know I wouldn't.

    And you're right, if they didn't know than that's about the only reason when it would be okay.
  • Yuki ~ ... MissJo 2012/06/10 22:30:40
    Yuki ~ ♦Lion King of PHÆT♦
    +1
    I agree. Kink situation or not, you still expect your partner to respect you and your wishes-- it is not being "kinky", it is not "pushing your limits for personal growth", it is not "being funny" to take off a condom or refuse to use it when your partner asked or insisted it of you. I definitely wouldn't. These are situations where I would say, "Strike one, you're out" and leave.
  • MissJo Yuki ~ ... 2012/06/11 08:26:24
    MissJo
    +1
    I certainly hope this lady has taken that same exact route!
  • conservyT 2012/06/09 20:02:26
    conservyT
    HELL NO SHE SHOULDN’T HAVE BEEN COMPENSATED!!!
  • skroehr 2012/06/09 19:39:08
    skroehr
    You know, I was reading through all these responses, and most people say that she should not be compensated, (and this was my answer as well) unless raped. What is particularly striking to me though is the idea from virtually everybody that the problem is based on "condoms", "safe"-sex (or lack of safe sex), "protection", etc.. Does anyone else find the problem to be rooted in the act of having sex outside of marriage? The objectification of human persons as playthings, (so long as they are properly sheathed)? Even one other person? It has had a name throughout history. It is fornication. I'm not saying I wasn't guilty of it in my life either, so please don't think I'm trying to be arrogant, or holier than thou, or anything like that. Trust me, my past is as checkered as anyone else. But it seems we don't even talk about this sense of actions anymore. It has become the normative to engage in fornication. The only element at issue anymore would seem to be whether or not one is using a condom, as if that is what protects us. The act itself is no longer wrong. Just what equipment we use when performing the act. This is a telling and deeply troubling indictment of our culture. I'm probably way overthinking this, but I'm struck with these kinds of notions all the tim...

    You know, I was reading through all these responses, and most people say that she should not be compensated, (and this was my answer as well) unless raped. What is particularly striking to me though is the idea from virtually everybody that the problem is based on "condoms", "safe"-sex (or lack of safe sex), "protection", etc.. Does anyone else find the problem to be rooted in the act of having sex outside of marriage? The objectification of human persons as playthings, (so long as they are properly sheathed)? Even one other person? It has had a name throughout history. It is fornication. I'm not saying I wasn't guilty of it in my life either, so please don't think I'm trying to be arrogant, or holier than thou, or anything like that. Trust me, my past is as checkered as anyone else. But it seems we don't even talk about this sense of actions anymore. It has become the normative to engage in fornication. The only element at issue anymore would seem to be whether or not one is using a condom, as if that is what protects us. The act itself is no longer wrong. Just what equipment we use when performing the act. This is a telling and deeply troubling indictment of our culture. I'm probably way overthinking this, but I'm struck with these kinds of notions all the time these days. So much that we do just doesn't make any kind of good common sense. We don't analyze anything, or if we do, it's only from the standpoint of public health, or the material aspect. No spiritual problem. Just one of logistics and supply.

    P.S., due to some troubling criticism from one or two SH's I can't seem to avoid, I feel inclined to post a disclaimer here, and at my profile. This comment/post is not aimed at ANY particular person on this thread/poll/question, or any other in any way, manner, shape or form. It is a general observation from the perspective of an individual sovereign human person who is simply stating personal opinion or the teachings of my Church in a general nature on a website nominally and supposedly created for just such actions. If you have been personally offended, it is not due to any intent whatsoever on the part of the author, who speaks to the same culture, group, environment of which he himself is a part. The human race. Further, I testify that to my knowledge, I do not even know another member of this site in my personal real 3D world life, and so without any personal knowledge of another member, I don't possess the tools, intent, or even inclination to personally insinuate anything as a derogatory character indictment on an individual basis to any other person using this opinion website at this time, at any time in the past, or anytime in the future. I reserve the right to use this website to promote the worldview, religion, cultural preferences and ideologies to which I prescribe, as I would hope that every other individual using this board does. I welcome serious and reasoned argument, even to a high and in-depth degree, and believe this to be perfectly achievable without personal attack.
    (more)
  • Tinka123 skroehr 2012/06/10 04:06:56 (edited)
    Tinka123
    +1
    There a lots of *stds one can contract even if they wear a condom, I can totally grant that. But to assert that it's related to sex outside of marriage is of equal folly, in my opinion. I assure you, many people have contracted stds from their spouse. To presume that being married means you needn't get tested, or are less likely even to contract an std is an equally dangerous premise. imho
  • thє вlu... skroehr 2012/06/10 13:23:13 (edited)
  • skroehr thє вlu... 2012/06/10 14:36:29
    skroehr
    Hi: Well, I'm not a "fundie" (fundamentalist, I'm guessing?). Not even an evangelical. I'm actually a Catholic, and only that after conversion from a life of new age nonsense, and Buddhism, (which I respect). The last thing I'd want is a theocracy. We can't even get a democratic republic to work right. I don't think you're in any danger of that anyway. Things are going very much the other way. Your comment actually helps confirm my observation though, which was simply that. An observation. That sexual morality in western culture is off the rails. It's not even in the national conversation or the national vocabulary anymore. And the expression of any kind of support for sexual morality, or moral bioethics seems to be greeted with anger. I don't think sexual morality is a bad thing. The more I study it, the more I find that it makes perfect sense. You can see an awful lot of problems in the world that are simply out of control because of a cultural sexual morality that ranges anywhere from loose to nonexistent. Anyway, just wanted to say that you have me pegged in the wrong pigeon holes. I'm just a simple observer, who with brutal self honesty has had to admit that our current societal morals are leading us right down the tubes as a people. There is a better way, but there doesn't seem to be a will for it. I guess we just haven't been beaten up enough yet for people to see it. Thank you for your comment, and may God bless.
  • sundance thє вlu... 2012/06/13 09:06:56 (edited)
    sundance
    Hey genius. This already is a Christian theocracy (without the cool robes). This country was founded on Christian beliefs, rights were written on Christian beliefs and the court system set up from a foundation of Christian beliefs (did you miss the "in God we trust"?). Did you sleep through sociology and political science? Now cease with the attempt at intelligence, and just say something intelligent. Maybe just a bit less accusatory? Oh yea. And could you attempt to make your comments relative?...Just a thought...
  • skroehr 2012/06/09 18:59:57
    skroehr
    Not unless raped. Consent is consent to all that is implied. An agreement to fornication is a contract rife with possible adverse consequences. These are well known by both parties. STD's, children, financial responsibilities, heartbreak, emotional scenes etc. There was a show a long time ago on TV. I think it was Baretta. The theme song went something like...."don't do the crime if you can't do the time". We bring these things on ourselves, and must accept that responsibility.
  • Maria 2012/06/09 17:38:49
    Maria
    +1
    should have thought of safety use condom or no sex at all..from what I understand that she chat with him online and talk about different things..and she thought this guy wouldn't do something like this to her..so therefore she sue the heck out of him for damage her life such as paying medication and label as herpes..Of Course nobody want to have herpes at all...this guy should be honest with her in first place than lying carry on chatting etc...
  • Vision of Verve 2012/06/09 16:12:44
  • ☠ Live ... Vision ... 2012/06/11 15:36:18
    ☠ Live Free Or Die ☠
    That is not true; herpes CAN in fact kill those with other health problems or weak immune systems.

    I don't think she should be compensated, but you were wrong about herpes.
  • deadlyangel21 2012/06/09 16:11:15
    deadlyangel21
    If he doesn't want to respect the use of a condom...then why have any thought that he would respect YOU?

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