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In 1996, however, a 32-year-old woman filed suit against her 38-year-old former Portland boyfriend, claiming he infected her with genital herpes after making a conscious decision not to tell her of his health status. Others criminalize only the intentional spreading of HIV because of its serious, life-threatening nature.Oregon does neither, but prosecutors can charge defendants under existing statutes, such as the state's assault law.Afterward, as they were lying in bed and talking about the chemistry between them, she said he broke the news to her: He had herpes. Her outbreaks, she said, have been repeated and painful.
Jurors were asked to ponder fundamental questions about dating and sex in today's times: Was the man obligated to tell his date that he had genital herpes before they had unprotected sex?
In the case of the retired dentist, the Washington County district attorney's office declined to prosecute, figuring it would not be able to prove the case "beyond a reasonable doubt" -- a higher standard than in a civil suit.
During last week's trial, the woman's attorney, Randall Vogt, said his client had received a clean bill of health in January 2010 and then had sex with the retired dentist for one time on May 25, 2010.
Dentist's defense The retired dentist took the stand to say that despite the woman's contention that he should have known he could be contagious at all times, especially given his background as a dentist, he truly didn't know. "Go for a million -- that's plaintiff's message," Lillegren said.
He testified that he told her that he had herpes not out of guilt, as she contended, but because he liked her and wanted her to know there might be times when he had an outbreak and he would have to refrain from sex. The jury deliberated for two hours before reaching a verdict: The man was 75 percent negligent, while the woman carried 25 percent of the blame.Two jurors, however, dissented, believing the man was entirely at fault.I met the sweetest, nicest guy & recently he just told me he has herpes. If after that time you want to have a sexual relationship then use protection.