Court Considers HIV Disclosure Case

LOS ANGELES – In a case that could potentially impact the adult entertainment industry in California, the state Supreme Court is reviewing a controversial lawsuit involving a woman seeking damages from a partner who she claims failed to inform her that he was HIV positive.

The plaintiff claims her husband infected her with HIV on their wedding night and that it was his responsibility to inform her that he might have, at some point in his sexual history, been exposed to the disease through unprotected sex.

She is claiming that the defendant “knowingly and negligently” infected her with the virus.

The plaintiff and defendant were married in 2000. Six months later, the plaintiff was diagnosed with HIV. The husband, who also began showing signs of the disease, later admitted to his wife that he had had affairs with men prior to the marriage, in particular, a partner who was known to carry the virus.

The woman is challenging current California law, which makes it a liability for failing to inform a partner that he/she has a sexually transmitted disease, and is seeking to stretch that law a little further by making it a person’s legal responsibility to inform a sexual partner that they have reason to suspect they contracted a sexual disease, whether they have been diagnosed or not.

The groundbreaking nature of the case is that in addition to being required by law to inform a sexual partner that they “might” be carrying a sexually communicable disease, a person might also be required to reveal, whether diagnosed or not, that they might have been exposed to HIV at some point in their life.

The court must now decide whether the defendant is required to reveal names and details of past sexual dalliances, including medical records, which may in some way have led to him contracting HIV. The plaintiff can then seek damages against her former husband based on the fact that he had reason to believe he had contracted the disease prior to marrying her and knowingly failed to disclose that fact.

The court also will have to decide whether a person can be legally privy to another person’s sexual history, and the ramifications this could have for people not directly involved in the case, but somehow connected sexually to the defendant.

According to reports, the defendant’s lawyer argued that only if someone knows they have a sexually transmitted disease, and have been diagnosed, should they be obligated to reveal their condition to a prospective partner. But having to reveal all past sexual partners raises privacy concerns.

A ruling will be issued within 90 days of Tuesday’s hearing.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

Adult Time Drops Latest Installment of Jim Powers' 'MILF Overload'

Adult Time has released the latest installment of director Jim Powers' series "MILF Overload."

Vixi Rafi Is Hustler's 'Cover Honey' for January

Vixi Rafi is the Cover Honey for the January issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Davide Esposito.

Siri Dahl Featured in Pornhub's 'Model Spotlight'

Siri Dahl is featured in Pornhub’s latest “Model Spotlight” blog.

Brandi Johnson Makes Her WIFEY Debut

Brandi Johnson stars with her husband Daniel, Dan Damage, and Goldey in the latest release from Vixen Media Group studio imprint WIFEY.

Richelle Ryan, Vince Karter Star in Christmas-Themed Release From New Sensations

Richelle Ryan and multi-XMAs winner Vince Karter star in the latest release from New Sensations.

Toby Dick Drops New Evil Angel Release With Baby Kxtten

Baby Kxtten stars in a new Evil Angel scene alongside director/performer Toby Dick.

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Cherry Kiss Talks Perfectionism, Pressure and Loving the Grind

Cherry Kiss was en route to Exxxotica New Jersey when she learned she had received her green card. Fittingly, she had just landed at an airport in New York — home to Ellis Island and the Statue of Liberty. After successfully navigating the naturalization process, which she describes as “hard work,” she felt grateful for the friends who helped her with all the paperwork, and has since been trying to pay it forward by helping other friends with their U.S. visa applications.

Show More