Can You Sue Someone for Giving You Herpes?

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Find out if you can sue someone for giving you herpes, the legal consequences, disclosure laws, and what steps you can take to protect yourself.

Legal Consequences of Giving Someone an STD

Many people ask: “Can I sue someone for giving me herpes?” or “Is it illegal to not disclose herpes?” The short answer is: yes, in certain circumstances, you can sue someone if they gave you herpes without disclosure.

Laws vary by state, but in many places, knowingly transmitting genital herpes or oral herpes without informing a partner can lead to civil lawsuits (for damages) and even criminal charges.

Example: California Health & Safety Code §120290

Under California Health & Safety Code §120290, it is a crime for a person to “willfully expose themselves, while infected with a contagious, infectious, or communicable disease, to another person.”
This statute has been applied in STD-related cases, including herpes. If someone knowingly exposes you without disclosure, they may face criminal liability in addition to civil lawsuits.

Thus, if you ask:

Someone gave me herpes, can I sue?
Yes—if they knew they were infected, failed to disclose, and exposed you to herpes, you may have legal grounds.

How much can you sue someone for giving you herpes?
The compensation varies depending on medical costs, emotional distress, and impact on your life. Some cases have resulted in settlements or awards ranging from tens of thousands to hundreds of thousands of dollars.

Can you sue someone for giving you herpes in ** state?
You can learn more about the legal in a certain state. For example, Can you sue someone for giving you herpes in Texas?
In Texas, courts have recognized civil claims for STD transmission under personal injury and negligence laws.

Can You Be Sued for Infecting Others?

It’s not only about suing—many people also ask: “Can you be sued for giving someone herpes?” The answer is yes. If you knowingly expose another person to genital herpes or oral herpes without disclosure, you may face:

    Civil lawsuits (monetary damages).

    Criminal charges (depending on state law).

    Permanent record risks if convicted.

Is it illegal to not disclose herpes?
In many U.S. states, failing to disclose herpes or HIV before sex can be considered a violation of disclosure laws. This applies even if you used protection, since the legal focus is on honesty and consent.

Do You Have to Tell Someone You Have Herpes?

Some people share that a doctor once told them they don’t need to disclose herpes to partners, especially if they’re on medication or using protection. While this advice may come from a medical or practical perspective, it’s important to understand that legal standards are different from medical advice.

However, courts do not accept “my doctor told me not to” as a defense. Even if you’re managing herpes well, the law in many states requires that you disclose before sexual contact.

Herpes Disclosure Laws by State

Some states have herpes-specific statutes that require disclosure before intimacy.

Other groups classify herpes under broader “communicable disease” laws, which still make nondisclosure legally risky.

HIV Disclosure Laws

HIV laws are even stricter. Almost every state has clear statutes requiring disclosure of HIV-positive status before sexual activity, regardless of condom use or viral load. 

Legal Reality

So, do you have to tell someone you have herpes?
Yes. Even in states without herpes-specific laws, civil courts consistently recognize that failure to disclose herpes before sex can be grounds for a lawsuit. Disclosure isn’t only about reducing transmission risks—it’s also about informed consent, trust, and avoiding legal consequences.

What To Do If You Were Infected

If you’re reading this, you may be feeling confused, anxious, or even betrayed. Many people living with herpes once asked the same questions: “Can you sue if someone gives you herpes?” or “What are my rights if someone infected me without telling me?”

It’s important to acknowledge that in many cases, people who carry herpes didn’t even know their status before transmission. That doesn’t make your experience any less painful—but it does remind us that stigma and silence often make things worse.

First of all, it’s important to answer some questions to let you know the risk of your health.

Understanding the Risks of Herpes

When people search for terms like “herpes transmission risk” or “can you get herpes from kissing”, they’re often looking for clarity. Here are the key points:

    Genital herpes transmission risk is highest during outbreaks, but still possible between outbreaks.

    Oral herpes (cold sores) can spread through kissing or oral sex.

    Condoms and antiviral medication can reduce but not eliminate the risk of herpes transmission.

    Unlike HIV, herpes is not life-threatening—but it can be lifelong and emotionally challenging.

    Being honest with partners and taking precautions helps reduce both medical and legal risks.

Here are some compassionate next steps you can take:

Take care of your health first – See a doctor to confirm the diagnosis and discuss antiviral treatment. Early care helps manage symptoms and lowers herpes transmission risk.

Give yourself space to process – It’s normal to feel shock or sadness. Remember, you are not alone—millions live full, healthy lives with herpes.

Consider your legal rights – If you believe your partner knew their status and failed to disclose, you may have grounds for a lawsuit. Save evidence such as text messages, test results, or conversations.

Seek emotional support – Beyond the legal side, herpes impacts self-esteem and dating confidence. Joining herpes support communities or herpes dating sites can help you connect with others who truly understand what you’re going through.

That’s why many people turn to platforms like Positive Singles—a safe community where you can meet others living with herpes or HIV, without the fear of judgment or rejection. It’s a space to build real connections, regain confidence, and know you’re not navigating this journey alone.