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Should Victims Receive Compensation for 'Surprise STDs'?

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?


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  • Damianos 2012/06/09 13:20:13
    No
    Damianos
    +1
    If you put yourself in that position where you get an STI, then it's your own fault- deal with it.
  • bmxschoolbus 2012/06/09 12:19:52
    No
    bmxschoolbus
    she choose to do the deed
  • Hoss 2012/06/09 11:12:03 (edited)
    Yes
    Hoss
    +2
    It is battery -- a harmful or offensive touching. While you might have consented to sexual intercourse, you didn't *consent* to contracting a loathsome STD, absent clear notice beforehand and, well, actual consent.



    West o' th' Pecos, they might call someones' hoochie, now infected, "ruurnt."
  • Lonely girl 2012/06/09 08:24:12
    No
    Lonely girl
    No. Everybody is responsible for protecting themselves. If they don't then it's on them.
  • Edible_toad 2012/06/09 07:42:40
  • kt_rated 2012/06/09 07:07:55
    No
    kt_rated
    what Gruplock said
  • Buffalobill91 2012/06/09 06:56:07
    Yes
    Buffalobill91
    I suppose so...compensation for damages...but my question is how exactly do you "prove" in court that this is the only person who you were with...and..that this guy was definitely the one that gave her the disease? I'm not bio expert but can you test the exact genetic strain of the virus to conclusively determine exactly who it came from? if you cant--I dont understand how a court could hand a verdict like this---granted, I understand in a civil court things don't need to be "proven" beyond a reasonable doubt like in a criminal court----but hell, if she was sleeping with him within a few days how did she make it 49 years without having something already?

    ..and the kick that she "had no proof" that she didn't already have a STD??...wow... I dont understand how they awarded her 900,000$
  • MaryLewis Buffalo... 2012/06/10 05:27:50
    MaryLewis
    It did say....."and she was able to give evidence that she had not had the STD prior to the encounter." I am curious also as to how she was able to prove it.
  • Buffalo... MaryLewis 2012/06/11 12:30:45 (edited)
    Buffalobill91
    Oh... I misread that.... I thought it said she couldn't prove it.... I suppose that does make a difference--- she must have had a checkup and a test at the doctors before she started dating him...

    It still doesn't mean that she didn't sleep with someone else the same day or two or three or weeks before she was with him... .. its ludicrous either way... how exactly do you prove you haven't had sex with someone else that gave it to you???

    bottom line is that a lot of people should learn from this... now not only do you have to worry about getting stds--but there is successful civil suits that have set precedents where you can also be sued if you have one, dont openly disclose it, and spread it. Noe It'll not just get your peepee but your pocketbook too.

    I'm blessed that im happily married and dont have to worry about this crap in my own life.
  • Justina Jackson 2012/06/09 06:55:10
  • serena moon 2012/06/09 05:27:56
    Yes
    serena moon
    THE BIGGEST PROBLEM is that every body knows about std's and still have sex on their first second or third date,and a lot of them dont care or dont understand the risk's of havong sex with someone you just met;and a lot of them dont say they are sick or something.If they start to respect the other person they will tell them
  • Gigi 2012/06/09 04:54:06 (edited)
    No
    Gigi
    +2
    Yes if you've known this person for awhile you've been dating for at least 6 months, you both decide to make the commitment to a relationship and the person hasn't told you yet?! But not in this particular case! Lucky for her, but not so many are that lucky...rape victims, molestation, etc. This women had a choice, she made a choice to have sex with a man she only met on the forth date!? Who does that any more? And with out of protection? So the attorney says there was "aggressive consummation" and "she didn't have time to put on a condom on him? If that was me and he didn't put on a condom, I would have already been out of the bed, his penis would not have made entry, and his behind would have been knocked the heck out if he would have tried in the manner they are stating! She could have said NO from the start instead of putting herself in a compromising position. Is she claiming Rape? No! she just plain stupid for having sex with a man she doesn't know only after four dates? Man what ever happened to at least the 90 day rule! Okay so ladies really please read "Act like a Lady, think like a man" it just might help you in knowing how and what a man is thinking; really interesting pointers! Yes I know it eventually became a movie but the book is the real deal! A man and comedia...
    Yes if you've known this person for awhile you've been dating for at least 6 months, you both decide to make the commitment to a relationship and the person hasn't told you yet?! But not in this particular case! Lucky for her, but not so many are that lucky...rape victims, molestation, etc. This women had a choice, she made a choice to have sex with a man she only met on the forth date!? Who does that any more? And with out of protection? So the attorney says there was "aggressive consummation" and "she didn't have time to put on a condom on him? If that was me and he didn't put on a condom, I would have already been out of the bed, his penis would not have made entry, and his behind would have been knocked the heck out if he would have tried in the manner they are stating! She could have said NO from the start instead of putting herself in a compromising position. Is she claiming Rape? No! she just plain stupid for having sex with a man she doesn't know only after four dates? Man what ever happened to at least the 90 day rule! Okay so ladies really please read "Act like a Lady, think like a man" it just might help you in knowing how and what a man is thinking; really interesting pointers! Yes I know it eventually became a movie but the book is the real deal! A man and comedian, radio host Ask Steve Harvey, telling it like it is! (P.s. Men might want to get some inside tips too just in case you're confused on how to be a real man to your lady, there are a few pointers for you too!) Lol good Read!
    (more)
  • Call me Mark willya? 2012/06/09 03:47:39
    Yes
    Call me Mark willya?
    +4
    My youngest daugther is 17, and thanks to a cheating boyfriend now has the gift that won't stop giving. She's got to live the rest of her life with this. Do I think she deserves compensation? I think she deserves his dick in formaldehyde since he's a bum and doesn't have anything of his own anyway...
  • D S Call me... 2012/06/09 16:18:18
    D S
    +1
    Maybe something like this??
  • beach bum 2012/06/09 03:31:36
    No
    beach bum
    no
  • Sir Bud. 2012/06/09 02:44:10
    Yes
    Sir Bud.
    +1
    I hope that all of those who answered"No"here,-none have AIDS and none if they do, will be a criminal jerk and"forget"to mention that fact the next time they have a "romance"!.Unfortunately this crime has been increasing since years,so maybe this poll about STD's does reflect the reality of Global statistics concerning evil irresponsible sex monsters.
  • Gruplock 2012/06/09 02:32:47
    No
    Gruplock
    +3
    If they were raped, sure

    but otherwise it's their own damn fault
  • Safury 2012/06/09 02:11:40
    No
    Safury
    +2
    People who get STDs should only be compensated if they were raped. Anything else, and it really is at least partially their fault.

    This woman from Oregon met a man twenty years older than her on an online dating site, went on only FOUR dates with him, had sex, and oh, SURPRISE! Herpes!
    Maybe she should have made sure of his trustworthiness first BEFORE deciding to have aggressive, unprotected sex with this guy. 'Normal' people usually date for a year or more before doing anything serious like having sex.
    By the way, $900,000 for her being "25% responsible"? If she was responsible for catching herpes in any way at all (which the jury said yes to), then she shouldn't have gotten ANYTHING.

    What's amazing to me is how quickly responsibility and self-accountability have been vanishing over the last five years alone.
  • metalformer 2012/06/09 02:08:29
    Yes
    metalformer
    That depends on the case. If it is something like in the article featured, the victim should definitively get compensation!
  • tpops 2012/06/09 01:49:15
    No
    tpops
    How about a little personal responsibility. If you want to sleep around then you better ask before jumping in the sack. Or maybe someone needs to create a release or agreement document that both parties sign before going on a date, wouldn't that be romantic.
  • Bookworm 2012/06/09 01:34:52
    Yes
    Bookworm
    +1
    Poor woman! What a blow to have gotten to 49 without contracting anything and then wham. Heartbreaking.
  • Chuck 2012/06/09 01:31:08
    No
    Chuck
    IF the old man knew he had herpes and failed to tell the lady AND she suffered some malady as a result then she might be entitled to something, but I would walk very lightly when awarding someone compensation for them having enjoyed their lust-fulness.
  • raztis 2012/06/09 01:21:33
    Yes
    raztis
    I think it should depend on whether or not the person knows if they have std's. If they have had a doctor visit and they know they have it and willingly give it to other people then yes. If they don't know, used a condom and it broke or they told them first then no
  • kmsarvis314 2012/06/09 00:47:01
    Yes
    kmsarvis314
    +1
    57% of the responders to this poll want the right to spread their STD's without the risk of having to compensate their victims.
  • Dydy 2012/06/09 00:25:48
    Yes
    Dydy
    But not that much money! Sheesh, it's her fault for not asking either and going to bed with him so soon. Moral of the story: don't thrust online dating sites :p
  • Erok Dydy 2012/06/09 00:29:28
    Erok
    +3
    LOL you said thrust :) tee-hee
  • Dydy Erok 2012/06/12 00:08:43
    Dydy
    Lmfaooooo wow I'm stupid. I meant "TRUST" not thrust. However I think ever word an be used correctly in that sentence XD
  • Erok Dydy 2012/06/14 03:12:42
    Erok
    That was an awesome mistake ROFL!!!!!
  • Brandon Eaker 2012/06/09 00:11:26
    No
    Brandon Eaker
    +1
    Sure it's messed up to get one but unless they raped you then it's just as much your fault as it is theres. If you don't want a STD wear condoms and dont get messed up before sex. If you somehow become super easy when hammered then don't get hammered. I hate how personal accountability is disappearing in this country. It's always someones fault like its the video games fault your 7 year old threw rocks at cars NO its your dumbass fault for lettin em play the game!
  • dv 2012/06/09 00:05:18 (edited)
  • kari farmer 2012/06/08 23:56:03
    Yes
    kari farmer
    It's a crime not to tell if u do
  • Boetica kari fa... 2012/06/10 03:59:42
    Boetica
    Should be!
  • MarkVaughn 2012/06/08 23:52:22
    Yes
    MarkVaughn
    +1
    $ 900.000 is a bit much. Then, consider, She'll have this disease for the rest of her life. Of which, she never imagined herself catching, because, she wasn't told , by the man , or partner . Although, she should be awarded some compensation, because, He did not tell her about his STD's , so he withheld information, that had a 100% application to the proceedings that gave her, this or these diseases. True, condoms are not 100% proof . Yet, She could have also, worn the new ' female-condom, as well, as his wearing his .
    Thus , providing double protection . Fact where, or how they met, or for how long they knew eachother , has no foundation with this case . Case is , She got a disease from a man, who had not told her any warnings, that " yes " , He had STD's . He failed to inform her . Yet, She possibly failed to ask . We are all humans, & about 90% of our species do enjoy sex . We first need to grasp that , & handle it, accordingly .
    It is the , fact, of life . Humans use it to procreate , & for pleasure . The act, is to enjoy . Not to cause harm, in any shape, or form . Obviously, He caused harm to Her.
    (If she were blind, would the case , been handled, differently ?)
  • Chuck MarkVaughn 2012/06/09 01:38:26
    Chuck
    Well, it took you awhile to get it all out but I think you finally did. But I disagree. Compensation for lust is not, in my opinion, justifiable.
  • Boetica MarkVaughn 2012/06/10 04:01:05
    Boetica
    Can you imagine all of the crunching noise from the female condom along with the bumping and grinding?
  • jackolantyrn356 2012/06/08 23:46:17
    No
    jackolantyrn356
    It should be part of the DIVORCE settlement/
  • me 2012/06/08 23:41:03
    Yes
    me
    Yes so long as the carrier knew that they had the STD in the first place which I am sure was an element that the plaintiff would have to prove in order to recover. And that compensation is not overboard for GH imo. Its not usually fatal but it is incurable, can be disabling, recurrent, excruciatingly painful, disfiguring and dangerous to future pregnancy and can be fatal or cause infection or birth defects of a fetus. Herpes of any kind, including GH attacks the nervous system. She may still have wanted children, or the same situation could have occurred with a younger couple. And of course she would herself become a permanent carrier and it would inhibit future relationships or childbearing. It can be disabling because of the painfulness and miasma that accompany attacks of any form of herpes so she might not be able to work. Pain management of any kind of herpes can be tricky and expensive and if she had health insurance, they would probably be right there with their hands out for reimbursement out of the award, too. The explanation doesn't say what if anything she did for a living, but it could be something that paid well and that she can no longer do or do as effectively. She might have lost a job over this if she had a severe attack that made her too sick to do her work...
    Yes so long as the carrier knew that they had the STD in the first place which I am sure was an element that the plaintiff would have to prove in order to recover. And that compensation is not overboard for GH imo. Its not usually fatal but it is incurable, can be disabling, recurrent, excruciatingly painful, disfiguring and dangerous to future pregnancy and can be fatal or cause infection or birth defects of a fetus. Herpes of any kind, including GH attacks the nervous system. She may still have wanted children, or the same situation could have occurred with a younger couple. And of course she would herself become a permanent carrier and it would inhibit future relationships or childbearing. It can be disabling because of the painfulness and miasma that accompany attacks of any form of herpes so she might not be able to work. Pain management of any kind of herpes can be tricky and expensive and if she had health insurance, they would probably be right there with their hands out for reimbursement out of the award, too. The explanation doesn't say what if anything she did for a living, but it could be something that paid well and that she can no longer do or do as effectively. She might have lost a job over this if she had a severe attack that made her too sick to do her work...and if it was a good paying job then "lost future earnings" is factored in, as well as any actual earnings that were lost if she was out of work. Plus the plaintiff has to pay the costs of expert witnesses, and so forth, even if the "court costs" (filing fees) are ordered to be paid by the defendant in addition to the award. Plus the lawyer usually gets 1/3 as his fee. So that's not that big of an award, there will be plenty of deductions from it before she gets any cash, and the creep may appeal the decision and/or award so it could be years before she sees a dime. Besides HAVING the disease, the jerk was a dentist so he knows all this as anyone working in a health care profession has pathology training and how devastating herpes can be. Not fatal but can make life not worth living.
    (more)
  • ashley me 2012/06/14 21:30:07
    ashley
    Are you talking about herpes or leprosy??? Herpes is nothing more than a cold sore. The majority of ppl with it never experience an outbreak. Or its extremely mild. It does not affect childbirth unless she has an outbreak before delivery and they perform a c section. Gg does not affect the nervous system....where ate you getting this rubbish?? Oral herpes is actually much more dangerous iy can affect brain and vision. Gh is a skin rash. That's all. Plus She is 49 and obviously completely irresponsible with her health so getting paid to be a slut is not fair.
  • Elizabeth 2012/06/08 23:36:12
    No
    Elizabeth
    +2
    I have no empathy here. If you didn't make the guy wear a condom, then you took a risk. You take a risk with every one of your multiple partners. May-be women should stop being so easy and then there wouldn't be such an exponential spread of diseases.
  • Deb 2012/06/08 23:14:53
    No
    Deb
    +2
    If you didn't protect yourself it's your own damn fault.

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