Should Victims Receive Compensation for 'Surprise STDs'?
SodaHead News
2012/06/07 18:57:51
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A 49-year-old Oregon woman found a little bit of respite this week when the court awarded her a whopping $900,000 as compensation for contracting herpes from a 69-year-old man on their fourth date. According to the L.A. Times, the jury decided the woman was only "25% responsible" for contracting the STD because the man failed to tell her that he had it before they had sex.
Randall Vogt, attorney for the plaintiff, explained, "He was 69, my client was a very attractive 49. My argument to the jury was he just wanted to sink his hooks into her." There were also suggestions of battery ("aggressive consummation"), which made it impossible for her to put a condom on him, and she was able to give evidence that she had not had the STD prior to the encounter. They met on eHarmony. Do you think it's fair to grant the unknowning recipient of an STD legal compensation?
Randall Vogt, attorney for the plaintiff, explained, "He was 69, my client was a very attractive 49. My argument to the jury was he just wanted to sink his hooks into her." There were also suggestions of battery ("aggressive consummation"), which made it impossible for her to put a condom on him, and she was able to give evidence that she had not had the STD prior to the encounter. They met on eHarmony. Do you think it's fair to grant the unknowning recipient of an STD legal compensation?
From what I understand about the dating world, if you're serious about a person, you shouldn't be shy when you ask them about any STDs they may have. You want to start something with them, but you have the right to know if they have anything that can hurt you! And vice versa--if you have an STD, you shouldn't be offended if someone asks you. In fact, if you cared, you'd actually be the one to bring up the topic.
I mean, poor lady and the geezer was a bastard--but having unprotected sex was sheer stupidity.
Herpes is much worse for women than men. "In the case of female symptoms herpes generally tends to be more detrimental to a woman's health than a man's. The virus often cause outbreaks more frequently in women then in men, and the symptoms tend to be more painful and harder to treat. Even worse, a female who is infected with the virus has to worry about the chances of passing the virus on to her children during childbirth."
My best friend had to have a c-section to lower the risk that her son would not get the virus that was gifted to her by her cheating husband.
Article Source: http://EzineArticles.com/602978
My 95 year old Uncle has a woman friend in her early 70's. Men & women, they like each other no matter how old.
The story as I found it:
"The defendant contended that he is not at fault because his eHarmony date (watch out online daters) didn't demand he wear a condom and he didn't know his genital herpes were contagious because he wasn't in the middle of an outbreak.
The plaintiff tells a different tale though. She testified that she asked him to wear a condom, but he just didn't. After they made whoopee, they were lying in bed and he broke the dreadful news to her and she immediately kicked him out of her house.
Unfortunately for her (but fortunately for her bank account), he was already inside of her house for far too long and she had a herpes outbreak just 11 days later."
Loser!
Sex has never been safe throughout history while sexually transmitted diseases and sexually transmitted infections have (always existed ) and both men and or women are at risk of contracting them if and when they engage in sex.
The implications of sueing someone because you contracted an infection or disease is very convoluted and easily abused.
Furthermore the problem is not gender specific while most people ( women more so than men ) seem to think that a women should be compensated while a man is "on his own" if he contracts a sexual disease or sexual infection "from" a women.
It is apparrent women are pretty vocal on this issue as if only men are at fault and all women are innocent of any wrong doing concerning the part they play in the spreading of sexual diseases and sexual infections.
How many women throughout history have had a sexual infection or a female based (non sexual ) vaginal infection such as candida albicans ( a common vaginal yeast infection ) and then transfered that infection to a man while engaging in the act of s...
Sex has never been safe throughout history while sexually transmitted diseases and sexually transmitted infections have (always existed ) and both men and or women are at risk of contracting them if and when they engage in sex.
The implications of sueing someone because you contracted an infection or disease is very convoluted and easily abused.
Furthermore the problem is not gender specific while most people ( women more so than men ) seem to think that a women should be compensated while a man is "on his own" if he contracts a sexual disease or sexual infection "from" a women.
It is apparrent women are pretty vocal on this issue as if only men are at fault and all women are innocent of any wrong doing concerning the part they play in the spreading of sexual diseases and sexual infections.
How many women throughout history have had a sexual infection or a female based (non sexual ) vaginal infection such as candida albicans ( a common vaginal yeast infection ) and then transfered that infection to a man while engaging in the act of sex.
Should all those women be held accountable for having a vaginal yeast infection and be sued for not forewarning their sexual partner(s) they have a natural bacterial infection that can and commonly does transfer itself to the urinary tract of a man and the man ends up with a urinary tract infection which is then, later on, correctly classified as a sexually transmitted infection because he aquired it from a women who's vagina is / was infected.
The female vagina hosts a number of natural infections that can and commonly are transfered to the man if and when the mans unprotected penis comes in contact with the natural vaginal infection(s) that are commonly harboured inside the female vagina.
And where did the man contract the herpes that he is being sued for???
He contracted it from a women who contracted from a man who contracted it from a women who contracted it from a man who contracted it from a women and so on and so forth and who knows the specific origin of the disease in question..so in effect we should all be sueing one another???
Should both men and women be sueing one another for any diseases we contract from one another...including the common cold that is commonly transfered from one another when a man and women engage in sex and kiss one another.
Where does it end and who is to blame.
The implications are beyond anything sensible if people make it a common practice to sue one another for the various sexual infections people aquire that already exist in the world.
This horny old prick was well aware of his condition. If someone with "Aids" were to spat on you, it's assault. If that same person knowingly passed the virus on to you...
I think this should be considered on a case by case bases.
But, as history proves, lust and sexual libido supersedes common sense and considerations.