Each year, it is estimated that more than 40,000 people are diagnosed with an STI (formerly called STD) in Quebec, whether HIV/AIDS, HPV, genital herpes or other.
If you’ve learned that you have a sexually transmitted infection, you may feel cheated. What are the possible remedies against your partner who has given you an STI?
In this article, we explain the possible remedies at the civil, criminal and administrative level (IVAC).
Civil action for transmission of an STI
As in any civil liability claim, it is necessary to prove fault, damage, as well as causation.
First, failure to notify a partner who consents to sexual intercourse is a fraud vitiating the partner’s consent. For this purpose, the transmission of the virus is not necessary to establish fault. However, in the absence of transmission, it is necessary to be able to analyze the harm.
The harm can be both physical and psychological. The physical harm is obvious, the transmission of the infection. Psychological harm, on the other hand, can be the need to undergo therapy, whether with a psychologist or a sexologist.
Legal recourse against his sexual partner
In a case in the Court of Québec, a man sued a woman for failing to inform her that she had genital herpes before having sex.
In defense, the woman alleged that she used a condom and followed medical recommendations to prevent transmission of the virus. In its view, it behaved responsibly, so that it cannot be held liable.
In its judgment, the Court agreed with the gentleman, but concluded that there was a sharing of responsibility, because the latter had not questioned the lady about her health and sexual activities. The judge believes that by doing so, the gentleman did not act with prudence and diligence and must assume 25% responsibility.
To read more about civil lawsuits for transmission of an STBBI, click here.
How much is a prosecution for transmission of an STI worth?
The following is a non-exhaustive list of fees that can be claimed in a lawsuit for transmission of a sexually transmitted infection:
- Drug costs;
- Expert fees;
- Travel expenses;
- Therapy fees;
- Moral and psychological harm
- Sexual prejudice;
- Anxiety;
- Loss of self-esteem;
- Violation of his dignity and integrity of his person;
- Physical suffering.
Please note that this is a case-by-case basis and that there is also a need to assess the sharing of responsibility, as in the judgment mentioned above.
The amounts awarded by the courts in recent years can be up to $15,000. For this reason, we advise you to bring an action yourself to the Small Claims Division of the Court of Québec.
For more information on this subject, we invite you to read our article on small claims.
Criminal responsibility for HIV/AIDS
In criminal matters, failure to disclose one’s HIV status before having sex with another person may constitute a criminal offence under the Criminal Code.
In a Supreme Court ruling, the country’s highest court held that there was a serious sexual assault by a man who had intimate contact with a complainant without telling her that he had HIV:
The requirement of a significant risk of serious bodily harm should be interpreted as requiring a person to disclose their HIV status when there is a realistic possibility of transmitting HIV.
The victim mentioned that she would not have had sex if she had known that the person had HIV. It should be noted that she had had unprotected relations with sir. To this end, the Supreme Court adds:
It should be mentioned here that there was no condom, otherwise the defence could have shown that there was no real risk of transmission and thus establish that there was no fraud by the lack of transmission of information about the condition of the person. Through deterrence, it will protect and help encourage honesty, frankness and less risky sexual practices.
In addition to a charge of sexual assault, failure to disclose one’s HIV-positive status may constitute assault.
Submit a claim to IVAC
As long as you are the victim of a crime, whether it is a sexual assault or assault, you can make a claim to IVAC.
Don’t wait for the person to have a guilty plea. It is not even necessary for a complaint to the police to be made to submit a request to the IVAC.
