[Name of the Writer]

[Name of the Supervisor]

[Subject]

[Date]

Knowingly Transmitting Herpes

Introduction

The spread of STDs are increasing with each passing day. STDs can have serious medical consequences, including death. Gonorrhea and chlamydia untreated can cause pelvic inflammatory disease, or PID, in women. This disease can lead to infertility or chronic pain. It can also cause ectopic pregnancy and subsequent death of the mother. Cervical cancer is significantly associated with certain types of HPV. This cancer is common and has high mortality rates in many developing countries, where programs for early detection of this disease are limited. Some STDs, like herpes and syphilis, can affect the outcome of pregnancy and cause spontaneous abortion, premature delivery and stillbirth. Gonorrhea and chlamydia can also affect babies born to women infected, causing eye infections and blindness. Syphilis, herpes and HIV can be transmitted to newborns, which can cause chronic disease and death. Also, herpes can cause mental retardation in infants. Some STDs, if left untreated in men can cause infertility or narrowing of the urethra. STDs can also have serious social and economic consequences. STDs can also result in the loss of working hours due to illness.

The case selected is regarding the knowingly transferring of herpes virus. A famous pro-tennis athlete (female, age 25) is about to be sued and prosecuted for knowingly and willingly transmitting the Herpes virus to her ex-boyfriend (age 32). The woman had known that he was diagnosed with Herpes virus but failed to tell her boyfriend about this. Though, according to her she had no such intention of spreading and transmitting the virus to her boyfriend. According to her she was taking Valtrax, so she is not sure if she is the one who has transferred the virus to the man. The boyfriend was already married and is accusing her of knowingly transmitting the virus and he is seeking criminal charges be brought against her (intent, as in AIDS cases) and also he be awarded compensatory damages for the loss of his wife and property. His wife left him after finding out he had an affair and contracted a disease. The woman is insisting that the man who gave her the virus should be made responsible as well his boyfriend's. According to her she herself was the victim and she seeks to have the suit and charges dropped.

Side One Arguments

This is a clear case of negligence. The woman was responsible being a partner, as per the care of duty, to tell her ex-boyfriend about her herpes disease. They would have used protection to prevent the transmission of the disease. Due to her negligence, the man has to suffer for all his life, apart from his wife leaving him due to the disease. After the first outbreak of the disease in some people it appears regularly on again, while others never have to suffer from the symptoms, although the virus lies dormant in them still. Once infected, the herpes virus remains in the body that is a lifetime. The problem now is that ...