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Woman Sues Man for Passing on Herpes
(submitted by Sagewolf)
VIRGINIA BEACH, Va. (AP) - A lawsuit that accuses a Virginia Beach man of intentionally passing herpes to his lover may have implications for a state law on fornication between unmarried adults.
Attorneys for a woman identified only as Jane Doe filed suit this month in Circuit Court, claiming that a Virginia Beach man gave the woman genital herpes after the two began having sexual relations in April.
According to the lawsuit, the man persuaded the woman to have unprotected sex many times and "intentionally withheld the fact that he was infected" with genital Herpes Simplex Virus 2. The woman seeks $5 million in compensatory damages, plus $350,000 in punitive damages.
The man, who is not being identified to protect his privacy, referred all questions to his attorney, Barry Kantor of Virginia Beach. Kantor was unavailable for comment.
The woman's attorney, Matthew W. Smith of Newport News, said the lawsuit could have far-reaching ramifications beyond this case.
In court papers, the man's attorney claims the woman broke a state law that forbids sexual intercourse outside marriage, and therefore she cannot claim injury.
The fornication statute says that "any person, not being married, who voluntarily shall have sexual intercourse with any other person, shall be guilty of fornication, punishable as a Class 4 misdemeanor."
Smith said the Virginia Supreme Court has ruled it is illegal to recover damages from an injury that occurs while breaking a law.
But he thinks that ruling will not stand up today. Last year, the U.S. Supreme Court overturned anti-sodomy laws in Texas, making unconstitutional all state laws that restrict sexual relationships between consenting adults, Smith said.
No hearing date has been set.
Information from: The Virginian-Pilot
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