# Can You Sue Someone for Giving You an STD / STI in New Hampshire? (FAQ) By Attorney Joseph Kelly Levasseur | Manchester, NH*

Contracting a sexually transmitted disease (STD/STI) from a partner who knew — or should have known — they were infected can be devastating. Many people wonder whether they have legal recourse in New Hampshire. The short answer is yes — in most cases you can file a civil lawsuit. Below are the most frequently asked questions and clear answers under New Hampshire law.

1. Can you sue someone in New Hampshire for transmitting an STD/STI?

**Yes** New Hampshire courts recognize a civil cause of action for the **negligent or intentional transmission** of a sexually transmitted infection.

You do not need to prove the other person deliberately tried to infect you. It is usually enough to show that they:
- Knew (or reasonably should have known) they had an STI,
- Failed to disclose it before sexual contact occurred, and
- You became infected as a direct result of that contac

2. What legal claims can you file?

Common theories include:

- **Negligent transmission** of an STI  
  The defendant breached a duty to warn you of a known risk.

• Fraud or fraudulent concealment  The person actively lied about being STI-free (e.g., said “I'm clean,” “I've been tested,” or “I don't have anything”) and you relied on that statement before having sex.

- **Intentional infliction of emotional distress** (in severe cases) If the conduct was extreme and outrageous.

- **Battery** (less common) Some courts treat undisclosed STI exposure as a harmful or offensive contact without consent.

3. What kind of damages can you recover?

If successful, you may be awarded compensation for:

- Past and future medical expenses (testing, antiviral medication, doctor visits)
- Pain and suffering
- Emotional distress and mental anguish
- Lost wages (if the infection caused missed work)
- Loss of enjoyment of life
- In cases of reckless or intentional misconduct, **punitive damages** may be available

4. How long do you have to file a lawsuit?

The statute of limitations in New Hampshire is generally **3 years** from the date you discovered — or reasonably should have discovered — the injury (RSA 508:4).

Because many STIs (especially herpes, HPV, HIV) can remain dormant or take time to show symptoms, the clock often starts when you receive a positive diagnosis and connect it to the sexual contact. Delaying can weaken your case, so consult an attorney as soon as possible.

5. Can you press criminal charges for giving someone an STD in NH?

**Almost never.** New Hampshire does **not** have a specific criminal statute that makes it a crime to transmit herpes, HPV, chlamydia, gonorrhea, or most other STIs through consensual adult sexual activity — even if the person knew they were infected.

Criminal charges are only realistic in extreme situations, such as:
- The sexual contact was **non-consensual** (sexual assault)
- There was **fraud in the inducement** (very narrow)
- The conduct caused **serious bodily injury** and meets the definition of reckless conduct (RSA 631:3) — courts almost never apply this to STIs

Prosecutors in NH very rarely bring charges solely for STI transmission in consensual relationships.

6. What evidence do you need to win a civil case?

To succeed, you generally need to prove:

- You tested positive for the STI **after** sexual contact with the defendant
- The defendant knew or should have known they were infected at the time of contact
- The defendant failed to disclose the infection before sex
- You were infected **as a result** of that contact (often shown through medical records, timelines, and sometimes DNA/strain matching)

Text messages, emails, or any written or recorded statements where the person admits having the STI (or denies it) can be very strong evidence.

7. Should you talk to a lawyer?

**Yes.** These cases involve sensitive medical information, invasive discovery, and complex proof issues. An experienced personal injury or tort attorney can:

- Evaluate whether you have a strong claim
- Preserve and gather evidence quickly
- Handle medical record subpoenas and depositions
- Negotiate a settlement (many cases settle confidentially)
- File and litigate the case if necessary

Most attorneys offer **free initial consultations** and many work on a contingency basis (no fee unless you recover money).

If you believe you contracted an STD/STI because someone failed to disclose their condition in New Hampshire, contact an attorney promptly to protect your rights and explore your options.

**Contact Attorney Joseph Kelly Levasseur** today for a confidential consultation.

Manchester, NH | (603) 622-7575 | [josephkellylevasseur.com/contact] (https://josephkellylevasseur.com/contact)

*This article is for general informational purposes only and does not create an attorney-client relationship. Consult a licensed attorney for advice specific to your situation.*