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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?

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  • nverumind Herman 2012/06/08 20:26:23
    nverumind
    +1
    Yep. I dont know, I didnt realise so many people have no sense of responsibility or accountability anymore! Its kinda sad.
  • Herman nverumind 2012/06/11 14:40:34
    Herman
    I used to think it was just Democrats that were irresponsible then I realized that most Republicans were just as reckless.
  • nverumind Herman 2012/06/11 15:06:37
    nverumind
    +1
    OH, i Agree Completely!   the same monster republican democrat
  • TKramar nverumind 2012/06/07 22:28:51
    TKramar
    maybe they can refuse to cover his Viagra.
  • nverumind TKramar 2012/06/08 00:31:15
    nverumind
    lol
  • Philo-OOO For 3 weeks! 2012/06/07 20:18:49
    No
    Philo-OOO For 3 weeks!
    +1
    Unless they are a rape victim, they pretty much knew the risks going into the bedroom...
  • Aquaduck 2012/06/07 20:15:15
  • GeminiWolf Aquaduck 2012/06/07 20:45:17
    GeminiWolf
    I think that's different then someone having sex on their own accord... so in that woman's case, I would say yes, she SHOULD get compensated. That's awful that that happened to her.
  • Lucy Aquaduck 2012/06/07 20:53:40
    Lucy
    In that case, the poor woman should be paid through the court by her husband. This woman only had four dates with this man.
  • Inquisi... Aquaduck 2012/06/07 22:34:00
    Inquisitve Kat
    I think most of us who voted 'no' were just voting based on this particular case. I fully believe the lady your hairdresser knew would be perfectly entitled to compensation... and rape is a completely different thing, since they have no say in the matter, so they also would deserve compensation.
  • Matt Gray 2012/06/07 20:14:21
    No
    Matt Gray
    Sounds like a fail on her part, just as much as it is for him. Fail all around.
  • cindy56k 2012/06/07 20:12:30
    No
    cindy56k
    Maybe all people should try not married no sex. How about some moral values.
  • TKramar 2012/06/07 20:02:23
    No
    TKramar
    +2
    Surprise! You were dumb enough to sleep with someone you couldn't trust. This is the advantage of monogamous, truly monogamous, relationships--and why you probably shouldn't sleep with someone on first meeting them.
  • Superman TKramar 2012/06/07 20:18:25
    Superman
    +2
    Faulty logic. Plenty of people who are in what they think are monogamous relationships through no fault of their own can be exposed by an actual cheating spouse.

    The line here comes down to one thing. Does one of the sexual partners know if they are infected or carrying. If they do then the responsibility is on them to take precautions and be honest. If not, then the other persons stupidity doesn't absolve them of their malicious behavior.
  • Lucy Superman 2012/06/07 20:54:31
    Lucy
    +1
    She knew him for FOUR dates. You shouldn't even have sex in that short a time.
  • Superman Lucy 2012/06/07 21:08:18
    Superman
    +1
    Legally you're allowed to. This isn't the 1500s, sex isn't a crime. You have your moral view on the subject and thats fine. But your particular moral view doesn't make her actions criminal.

    Knowingly exposing her to an infection however does make his actions immoral and criminal.
  • Lucy Superman 2012/06/07 21:19:14
    Lucy
    Why doesn't she have to use good sense and protect herself? Why would she want to have sex with a 69 year old anyway?
  • Superman Lucy 2012/06/07 21:28:24
    Superman
    Those are personal and moral questions that don't really factor in legally. That she chose to have sex with a 69 year old is beside the point. I'd ask why you care or think its relevent?

    Morally she should have good sense, we all shoud. But we're also all human and fallible. We forget things, or trust people we shouldn't or put ourselves in risky situations. Her consequence will be living with the public knowledge of her choices AND the STD she contracted.

    BUT that doesn't absolve him of his actions or mean that he doesn't deserve consequences correct? Clearly he's malicious. 4 dates or 4 years married he witheld danggerous information. Thus he is open to consequences for his actions. In this case his consequences are monetary.

    Her lesson is to use protection during sex and potentially to wait longer than 4 dates. She'll having a buring physical reminder.

    His lesson is to use protection during sex, potentially wait longer than 4 dates AND to not lie and withold dangerous information exposing sexual partners. His reminder is a lighter bank account.
  • TKramar Superman 2012/06/07 21:51:39
    TKramar
    It's the responsibility of the disease free person to remain that way. Not the responsibility of the person with the disease to avoid transmitting it.

    If I have a cold, and you catch it, that's your problem, not mine.
  • Superman TKramar 2012/06/07 22:05:56
    Superman
    Thats completely incorrect.

    Its the responsibility of the bullet free person to remain that way. The responsibility of the sober car accident free person to avoid getting hit by the drunk driver.

    Thats an absurd statement on your part. If I don't know you have a cold and you sneeze all over me? Yeah, thats your fault actually.
  • TKramar Superman 2012/06/07 22:11:49
    TKramar
    That's correct.
  • TKramar Superman 2012/06/07 21:49:16
    TKramar
    +1
    It's not a crime, it's a preventable risk. You learn about the other person before taking that risk.
  • Superman TKramar 2012/06/07 22:07:01
    Superman
    And if/when the other person lies? Thats your fault?

    Grow up.
  • TKramar Superman 2012/06/07 22:12:29 (edited)
    TKramar
    Yes. Because you should know the character of a person before you sleep with them once.

    You might have missed this statement. I don't sleep with someone unless I've spent a minimum of 3 to 4 weeks, with daily in person contact, usually having lived together in the same household. Plenty of time for me to observe what kind of person they are. And if they're pushing for sex before that time? They're a tramp, and I'm not interested.
  • Superman TKramar 2012/06/07 22:17:24
    Superman
    Character changes and no one is perfect enough to 100% know a person and who they will always be. It doesn't work like that in the real world.
  • TKramar Superman 2012/06/08 10:37:44
    TKramar
    Leopards don't change their spots. Your character is well defined by the age of 5.
  • Superman TKramar 2012/06/08 13:42:59
    Superman
    We're going to have to massively disagree on that. I'm a completely different person than who I was at 5. We're not dealing in the same reality here.
  • TKramar Superman 2012/06/08 14:36:36
    TKramar
    Because you're not dealing in reality. Science has shown that you really don't change after that point.
  • raine Lucy 2012/06/07 22:00:08
    raine
    I agree 4 meetings way too short a time to know if the person is good or not
  • TKramar Superman 2012/06/07 21:47:55
    TKramar
    that's why I used the qualifier "truly"...you should know beforehand if your partner is loyal, or if they sleep around.
  • Superman TKramar 2012/06/07 22:08:00
    Superman
    Thats why so many people are blindsided by affairs. Its on them for not figuring it out and not the cheater at all.
  • TKramar Superman 2012/06/07 22:13:41
    TKramar
    That's right, because someone who will cheat, it shows in their character if you paid attention. Too many people approach these things emotionally instead of logically.
  • Superman TKramar 2012/06/07 22:18:21
    Superman
    No. It doesn't always show up in their character. How much life experience do you have exactly?
  • TKramar Superman 2012/06/08 10:39:38
    TKramar
    Plenty. I'm observant. I'm logical. I don't let myself be blinded by stupid things like emotion. I don't really believe love even exists, it's just a matter of trading one thing for another. I've never seen any evidence to make me believe in it, it certainly isn't logical if it does exist, and if it isn't logical, it's worthless.
  • Superman TKramar 2012/06/08 13:44:32
    Superman
    Congratulations, you're the one Vulcan on earth. Problem is that everyone else here is a feeling human being. We're discussing human law and not Vulcan law.
  • TKramar Superman 2012/06/08 14:37:08
    TKramar
    Feeling is a waste of effort.
  • Rich Knoch 2012/06/07 20:01:22
    Yes
    Rich Knoch
    The lady DID receive the compensation (STD) and it will probably stay her for life . . . a bitter remembrance of the fault of not checking with her partner before the act ☺

    If it were rape I would agree that financial compensation should be paid, but unfortunately, rapist's generally are not financially viable individuals?
  • KB 2012/06/07 20:00:10
    No
    KB
    What about if they're a carrier? If they have no clue they are infected with diseases such as HIV and they pass it down to someone else then it's not their fault. However, if they know they're infected and they infect someone else then they should pay compensation.
  • james.g.mcdonald.5 2012/06/07 19:58:07
    No
    james.g.mcdonald.5
    +1
    Should have used better judgement.
  • Superman james.g... 2012/06/07 20:16:20
    Superman
    +1
    Correct. If you know you have an STD you should give the courtesy of informing potential sexual partners so precautions can be made. The man here used very poor judgement.

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