All Woman
  • Home
  • Relationships
  • Features
  • Fashion & Beauty
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
    • Home
    • Relationships
    • Features
    • Fashion & Beauty
    • Health & Fitness
    • Your Rights
    • Parenting
    • Advice
Can I sue my ex for giving me 5 STDs?
All Woman, Your Rights
January 2, 2023

Can I sue my ex for giving me 5 STDs?

Dear Mrs Macaulay,

I recently dated a man, and over the course of knowing him we spoke about sexually transmitted disease (STD) testing. He told me he had tested and all was well. I begged him to use a condom and he would not comply. Months later I got tested and learnt I had contracted the herpes virus, chlamydia, and three other low-grade infections.

I told him and he responded with silence and even sent me video recordings of how I could treat the virus. He does not deny or even try to blame me.

The overall testing and medication cost me roughly $50,000 and I will have to repeat in three months. In addition, the emotional stress is almost unbearable.

My questions are:

1. Can I sue him for infecting me?

2. Can I sue for emotional distress?

3. Can I sue for medical expenses past and present?

Thank you for your response.

I am deeply concerned that you have found yourself infected, especially after you had spoken with your ex boyfriend about testing. Clearly, he misled you, and in addition, refused to use condoms even though you begged him to do so.

I must deal frankly with his assurance to you that he had been tested, which led you to believe that he was healthy. But you did not know that he had been tested, you just took his word for it. The fact that you begged him to use condoms says to me that you did not know whether to fully accept what he had told you, and that you felt that you did not have the power to demand condom use. When he refused, instead of telling him no, you chose to stay and be intimate with him.

There are no clear statutory laws in Jamaica about having sexual intercourse knowing you are infected with sexually transmitted diseases, and intentionally or recklessly infecting your partner, except for section 5(3)(e) of the Sexual Offences Act of 2009. Section 5 of the Act deals with the commission of the offence of rape by a husband against his wife if he has sexual intercourse in certain listed circumstances, and that he knows he is suffering from a sexually transmitted infection (section 5(3)(e)). The penalty upon a conviction is life imprisonment or not less than 15 years.

The offences of rape in the above Act, and causing actual or grievous bodily harm in the Offences against the Person Act, 1864 could support such charges, if the director of public prosecutions so decides because your boyfriend lied to you and deceived you, and it cannot be said that you consented to have sexual intercourse with him. Consent is only effective if you know all the relevant facts each time you agree to participate. You clearly did not, because of your boyfriend’s deception, and you suffered harm to your body and health as a consequence.

As you have seen, I have referred to your circumstance under criminal law and such proceedings. I must admit that I am not aware of any civil claim for damages for recklessly or intentionally infecting someone with STDs. But since there is law which makes it rape, albeit between husbands and wives in circumstances of broken marriages, and those in the Offences against the Person Act, of offences causing actual or grievous harm, a civil claim could be filed for damages, even as a test case from which a precedent could be the result on which other claims can be pursued in the future.

But you would have to find a lawyer who would be prepared to forge a new path legally. All I can say to you now is that there are no clear precedents that if you sue, you would succeed, but it is possible, especially by way of a test case, which is properly researched and argued.

On your question of emotional distress or mental distress, agony or suffering, this would have to be proved by acceptable evidence and medical expert evidence. It is not like proving your expenses of $50,000, wherein you can produce your receipts.

What I am saying is that just looking at your situation on the face of it, one would, as the law stands today, say that you have no chance of success. But find a good lawyer who is not afraid of innovative causes of action and would not shy away from doing an innovative case or a case with innovative claims, then you would be more fully advised about the chances, or not, of success which you may have.

I am sorry that I cannot say otherwise because I firmly believe that, in a case such as yours, you ought to be able to file and pursue your claims in the Supreme Court for damages as what your ex boyfriend did was despicable in every sense. So I do wish you the very best and all success. Please find a good lawyer and discuss the entire matter with them so that you can be properly advised whether you have causes of action and your chances of success or failure. You need as close to certainty as you can get so that you do not spend good money after bad and suffer more losses.

All the very best.

I take this opportunity to wish my editor and the staff of All Woman and the Jamaica Observer, and all my readers and your families a healthy, happy, safe, and prosperous New Year.

Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public, and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published. Mrs Macaulay cannot provide personal responses.

DISCLAIMER:

The contents of this article are for informational purposes only and must not be relied upon as an alternative to legal advice from your own attorney.

{"website":"website"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
0 Comments · Make a comment

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy
ALSO ON ALL WOMAN
10 habits of women who always seem to have it together
All Woman, Features
10 habits of women who always seem to have it together
ALAISHA THOMAS 
July 6, 2026
WE’VE all met them. They arrive on time without looking rushed, remember birthdays, seem calm under pressure and somehow manage work, family, friendsh...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Getting child maintenance from a parent who lives overseas
All Woman, Features, Your Rights
Getting child maintenance from a parent who lives overseas
Margarette Macaulay 
July 6, 2026
Dear Mrs Macaulay, I am a mother residing in Jamaica seeking legal advice and assistance regarding an international child support matter. My child’s f...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Love from a distance: Can it work when you’re miles apart?
All Woman, Features, Relationships
Love from a distance: Can it work when you’re miles apart?
Marie BERBICK-BAILEY 
July 6, 2026
LOVE is beautiful when the person you care about is right beside you. But what happens when the person you love lives in another city, another state, ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Separated, pregnant and worried
Advice, All Woman, Features
Separated, pregnant and worried
Christopher Brodber 
July 6, 2026
Counsellor, I have been legally married for 12 years, but because of constant infidelity from my husband, I stopped forgiving him and asked his parent...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
10 ways for women to continue winning this year
All Woman, Features
10 ways for women to continue winning this year
June 29, 2026
EVERY new season is an opportunity to grow, evolve and become an even better version of yourself. Winning isn’t always about major achievements, it’s ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Ranking the female zodiac signs: Lovers, heartbreakers and walking red flags
All Woman, Features, Relationships
Ranking the female zodiac signs: Lovers, heartbreakers and walking red flags
JEVAUGHNIE SMITH 
June 29, 2026
NO one wants to admit that zodiac signs have a bearing on our personalities; in fact, the responses to my previous testimony that with men, some signs...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Hidden wounds: Signs of trauma in a man, that women often miss
All Woman, Features, Relationships
BY MARIE BERBICK
Hidden wounds: Signs of trauma in a man, that women often miss
Marie BERBICK-BAILEY 
June 29, 2026
MEN are not known to be emotional. They often suffer in silence, choosing to act out their trauma rather than address it. And not all trauma in men sh...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Hubby confessed to past relationships with men
Advice, All Woman, Features
Hubby confessed to past relationships with men
Christopher Brodber 
June 29, 2026
Counsellor, I returned to Jamaica four years ago after living abroad for many years, and dating a man long-distance. Last year we got married. He’s fr...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
❮ ❯
Scroll
Polls
10 habits of women who always seem to have it together
All Woman, ...
10 habits of women who always seem to have it together
ALAISHA THOMAS 
July 6, 2026
WE’VE all met them. They arrive on time without looking rushed, remember birthdays, seem calm under pressure and somehow manage work, family, friendsh...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Getting child maintenance from a parent who lives overseas
All Woman, ...
Getting child maintenance from a parent who lives overseas
Margarette Macaulay 
July 6, 2026
Dear Mrs Macaulay, I am a mother residing in Jamaica seeking legal advice and assistance regarding an international child support matter. My child’s f...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Love from a distance: Can it work when you’re miles apart?
All Woman, ...
Love from a distance: Can it work when you’re miles apart?
Marie BERBICK-BAILEY 
July 6, 2026
LOVE is beautiful when the person you care about is right beside you. But what happens when the person you love lives in another city, another state, ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Separated, pregnant and worried
Advice, ...
Separated, pregnant and worried
Christopher Brodber 
July 6, 2026
Counsellor, I have been legally married for 12 years, but because of constant infidelity from my husband, I stopped forgiving him and asked his parent...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
10 ways for women to continue winning this year
All Woman, ...
10 ways for women to continue winning this year
June 29, 2026
EVERY new season is an opportunity to grow, evolve and become an even better version of yourself. Winning isn’t always about major achievements, it’s ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Archives
Polls
Recent Posts
10 habits of women who always seem to have it together
All Woman, ...
10 habits of women who always seem to have it together
ALAISHA THOMAS 
July 6, 2026
WE’VE all met them. They arrive on time without looking rushed, remember birthdays, seem calm under pressure and somehow manage work, family, friendsh...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Getting child maintenance from a parent who lives overseas
All Woman, ...
Getting child maintenance from a parent who lives overseas
Margarette Macaulay 
July 6, 2026
Dear Mrs Macaulay, I am a mother residing in Jamaica seeking legal advice and assistance regarding an international child support matter. My child’s f...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Love from a distance: Can it work when you’re miles apart?
All Woman, ...
Love from a distance: Can it work when you’re miles apart?
Marie BERBICK-BAILEY 
July 6, 2026
LOVE is beautiful when the person you care about is right beside you. But what happens when the person you love lives in another city, another state, ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Separated, pregnant and worried
Advice, ...
Separated, pregnant and worried
Christopher Brodber 
July 6, 2026
Counsellor, I have been legally married for 12 years, but because of constant infidelity from my husband, I stopped forgiving him and asked his parent...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
10 ways for women to continue winning this year
All Woman, ...
10 ways for women to continue winning this year
June 29, 2026
EVERY new season is an opportunity to grow, evolve and become an even better version of yourself. Winning isn’t always about major achievements, it’s ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Archives
All Woman
Jamaica Health, Beauty, Weddings &` Motherhood Stories for the Jamaican Woman.
Sections
  • Relationships
  • Features
  • Fashion
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
  • Relationships
  • Features
  • Fashion
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
Jamaica Observer, © All Rights Reserved