Personal trainer Martin Ashley Conway is suing a woman he kissed on a date for more than £130,000 (AU$237,614), claiming she was ‘negligent’ is giving him cold sores.
Conway, who is from west London, said his date, Jovanna Lovelace, failed to tell hiPersonal trainer Martin Ashley Conway is suing a woman he kissed on a date for more than £130,000 (AU$237,614), claiming she was ‘negligent’ in giving him cold sores, the Telegraph reported.
Conway, who is from west London, said his date, Jovanna Lovelace, failed to tell him she had an active sore before they kissed during a date last year, and he has been left “traumatised” by his subsequent herpes simplex virus diagnosis.
Conway is claiming £130,328 in compensation from his date, which includes over £100,000 for fortnightly therapy sessions he says he’ll need until the age of 79, because the virus has left him at risk of mental health issues.
In a claim form, 45-year-old Conway said: “As a herpetic, the respondent had a moral and ethical and legal duty to warn me of the risks that I would be exposed to, considering the contagious nature of the virus and herpes being a 'virus for life'.
“I did not freely enter into the risks relating to the injury or any type of contagion. I was kissed before I was informed of any cold sore.”
Conway said he had suffered from depression in the past, and feared he would need regular psychological support in the future to manage his mental health after the incident.
Lovelace’s lawyers described the claim as “frivolous and vexatious”.
Can you be sued for transmitting herpes in Australia?
In most Australian states, you have a legal responsibility to notify your potential sexual partners if you have certain sexually transmitted infections.
For example, in NSW, a person that knows they have an STI must take “reasonable precaution” against spreading the disease.
Those who fail to stop the spread of their STI could face six months’ imprisonment.
However, mandatory disclosure is no longer legislated: A 2017 amendment to the NSW Public Health Act removed the earlier provision mandating disclosure of STI status, and instead replaced it with a provision for a STI-bearer to take “reasonable precautions” to stop the spread of their disease.
In Tasmania and Queensland, it is an offence to knowingly expose someone to an infection, even if they don’t become infected. In SA and Victoria however, there aren’t any specific penalties for exposure or transmission.
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