Negligent transmission of STIs in Washington State
In the 2020 Washington legislative session, lawmakers repealed prohibitions on sexual intercourse without prior disclosure of a sexually transmitted disease other than HIV. Although this removed a specific criminal penalty for infected persons who risk transmitting a disease without disclosure, that act still constitutes battery. Even when there is no criminal penalty for transmission of an STD, persons injured by negligent transmission of a disease may still pursue a civil action against the wrongdoer.
Several avenues may be available to victims. Negligence applies when a person fails to take the ordinary precautions a reasonable person would have taken. Disclosure and appropriate safety measures are a reasonable precaution for persons to take whenever there is a risk of transmitting STDs, and someone who fails to do this may be found to have been negligent. The tort of battery also applies when a physical act is performed intentionally that results in a harmful or offensive contact. Depending on circumstances, a plaintiff may plead the tort of outrage, or negligent infliction of emotional distress as well.
Although remedies do exist, valuing the impact of negligent transmission of an STD can be very difficult. It’s also something that insurance policies often carve out as uncovered, and so financial remedies can be hard to obtain. Nonetheless, it’s worth holding individuals accountable when they harm others.
