Sex Torts... The New Type Of Tort

You are probably wondering… “what is a sex tort” and “where can I get one for my significant other?”  However, you probably do not want a sex tort.  Maybe, I should explain that we are not talking about a seductive dessert here.  In the legal sense, a “tort” is not a fancy pastry or dessert.  It is in fact a type of law that is generally synonymous with personal injury.

So, now you are thinking, “what the hell is a sex tort?”  Well a “sex tort” is a short way of describing a lawsuit, where the plaintiff is suing the defendant for transmitting a sexually transmitted disease during sexual intercourse.  The basis of the claim is usually: (1) that one partner possessed a STD, (2) that partner knew that he/she had the STD, but did not tell the other partner that they possessed the STD, and (4) as a result the two partners had unprotected sex, transmitting the STD to the other partner.  Now Courts are awarding millions in damages in sex tort cases… so the question arises, is the court the appropriate forum for regulating sex.

Matthew Heller of the California Bar Journal wrote a very good article on the subject.  You can check it out here.


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