In July, the California Supreme Court ruled 4-3 that people who live "high-risk" lifestyles can be sued for not informing their partner of possible exposure to HIV (the virus that causes AIDS. This ruling also applies to other Sexually Transmitted Diseases such as Syphilis and Hepatitis.
Bridget B. and John B. married in July of 2000 after dating for two years. John insisted to her that he was both monogamous and disease-free, urging her to have unprotected sex with him. Two years later, Bridget became ill and found out she was HIV positive. After John tested positive for HIV, Bridget says he confessed to her that both before and during their marriage he had unprotected sex with multiple men. John - who now has full blown AIDS - claims that he tested negative for HIV 6 weeks before Bridget found out she was infected, arguing that she must have transmitted the disease to him, not the other way around. Bridget is now suing her ex-husband John for fraud, negligence, and emotional distress. At this particular proceeding the issue "is simply the extent to which Bridget may inquire into John's medical records and sexual conduct in order to confirm or refute her allegations that John knowingly or negligently infected her with HIV." (John B. v. The Superior Court of Los Angeles County). In attempt to balance Bridget's right to discover relevant evidence and John's right to privacy the court ruled that John must disclose his sexual activity for the six months before he tested positive for HIV. The major change that has resulted from this case is that a person suing their partner for transmission of HIV must prove in court that their partner should have known they were at risk; Previously, a person had to prove their partner actually knew they were infected.
Sources:
"HIV and Full Disclosure." Los Angeles Times 7 July 2006: B12
Liptak, Adam. "People who pass on AIDS Virus May be Sued." The New York Times. 4 July 2006. (http://www.nytimes.com/2006/07/04/health/04suit.html?ex=1160107200&en=865cfd803830 c9d9&ei=5070)
"California Supreme Court Rules that Withholding Sexual History Can be Grounds for Lawsuits Involving HIV Transmission." Medical News Today. 7 July 2006. (http://www.medicalnewstoday.com/medicalnews.php?newsid=46622)
Added 10/16/06