Any healthy relationship begins with clear communication. When each member of a relationship—whether that be a friendship or romantic relationship—feels like their wishes are being heard and respected, the relationship is more likely to succeed with each person feeling validated.
A toxic relationship, on the other hand, is one in which one or both partners’ behaviors are emotionally and even physically damaging. In terms of a sexual relationship, it’s vital that each person feels like their needs are valued. This is particularly true with regard to the use of protection during sexual activity.
If your sexual partner will not use protection after you have asked them to do so, the risk of a sexually transmitted disease (STD) will greatly increase. If you have contracted an STD (herpes, hep B, HIV) from a sexual partner who either did not tell you that they had an STD or did not use protection when you asked them to, you may have grounds for an STD lawsuit. Such a lawsuit may bring you the compensation you need for physical, emotional, and financial suffering after such an event.
Why Using Protection is So Important
Consistent and correct use of sexual protection, such as male condoms, greatly reduces the risk of an STD transmission. It should be noted that condom use cannot provide total protection against any STD; the best way to avoid STDs entirely is to abstain from sexual activity or be in a long-term monogamous relationship with an uninfected partner. Unfortunately, however, many individuals make the conscious choice to forgo sexual protection for a variety of reasons. Some of the most common excuses that these individuals come up with include:
“I don’t need to use protection because I know I’m healthy.”
The fact of the matter is that no one can know their STD status with absolute certainty unless they have not had sex since last getting tested. Additionally, many STDs do not present symptoms. This may make people falsely believe that they do not have an infection and decide that using protection is not necessary.
“I don’t like using protection because it decreases my sensitivity.”
There are many different varieties of condoms or other forms of protection that can feel natural. While your sexual partner may believe that having sex without a condom feels more natural, it puts both of you at a much higher risk of STDs and pregnancy.
"I don't need a condom. I'm sterile/I’ve had a vasectomy."
Very few men under the age of 30 are sterile. And even if a man is sterile or not, he can still pass on STDs by having unprotected sex. So, condoms or other forms of protection must be used every time.
"I don't need a condom. We've been seeing each other for a while."
Many STDs can remain dormant in the body for a long time and present no symptoms. In fact, many people who shed the herpes virus do not show any physical symptoms. As such, you may not be risk-free with a sexual partner you have had for a long time. Therefore, it’s a good idea to always use protection and get tested every year, even if you have been with the same partner during that time.
Identifying a Toxic Relationship
If your sexual partner says any of the aforementioned statements to you after you have expressed to them that you would like them to wear protection, it’s a warning sign that you’re in a toxic relationship.
Your sexual partner should show respect for you and your health. If your partner is making you uncomfortable before, during, or after sex, you should reconsider whether you want to proceed with the relationship. Partners who care about each other respect the other person’s wishes, including the use of protection during sexual activity.
What to Do if You Contracted an STD
If you contracted an STD from a sexual partner who did not inform you of their status or refused to wear protection, you may have grounds for an STD lawsuit. The fact of the matter is that an unexpected STD transmission can be a heartbreaking diagnosis that can throw you into physical, emotional, and financial turmoil.
As such, the person who negligently transmitted the infection to you should be held accountable for their actions. In California, it is a crime to knowingly and willfully fail to disclose an STD.
Your sexual partner may be held liable for an STD transmission even if they did not know they were infected. This is because all sexually active adults are expected to remain informed on their sexual health by getting tested for STDs at least once per year. The failure to fulfill this duty may be considered negligent and reckless.
You may be able to recover compensation through an STD lawsuit that can help you pay for:
- Past and future medical bills
- Past and future lost wages
- Emotional pain and suffering
It’s also important to remember that signing a non-disclosure agreement (NDA) does not mean that you don’t have a case. Such “gag orders” need to be carefully analyzed and evaluated by a seasoned professional.
Contracted an Unexpected STD? We’re Here to Help
If you contracted an STD from a partner who did not inform you of their status or refused to wear protection, our team at KMD Law can help you seek justice while protecting your privacy. We have extensive experience in this area of the law, and we’re who you want on your side in this situation.
Contact KMD Law at (833) 456-3529 to schedule a consultation.