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Man sues woman who he says failed to disclose STD, gave him herpes

Lawmaker considers legislation for STD disclosure
Posted at 2:32 PM, Oct 22, 2018
and last updated 2018-10-23 01:20:49-04

CINCINNATI -- After a Tri-State man found out he has herpes, he filed a lawsuit against the woman he claims knew she had it and didn't tell him.

Robbie Todd, 55, said his life quickly changed after taking medicine for the sexually transmitted disease. Todd reached out to 9 On Your Side wanting to share his story.

"The side effects left me lethargic," he said. "I felt like I had Lyme disease, and the depression is unreal."

Todd is suing the woman who he claims gave him the disease and is seeking monetary damages. He also filed a police report.

"They said, 'Well, we can't do anything because there's nothing on the books other than HIV," Todd said.

Under current Ohio law, it's already illegal for a person who is HIV-positive to not disclose their status before engaging in sexual conduct. Someone convicted of committing that felony can face two to eight years behind bars and a $15,000 fine.

Now, an Ohio lawmaker wants to change the state law dealing with all STDs. State Rep. Catherine Ingram is working on a possible bill that makes it illegal for a person who has tested positive for any sexually transmitted disease and doesn't tell their partner before engaging in sexual activity. 

Under the potential bill, the crime would be a misdemeanor. Anyone found guilty would face up to six months in jail and a $1,000 fine. 

"How many times are you going to roll in and say, 'Do you have something that I might catch? Should those be questions that are asked? I don't know. But you as an individual might do that," Ingram said. "But how many people do that?"

Bill Hardy is the president and CEO of Equitas Health. His group is opposing the potential bill and trying to change the current HIV disclosure law.

"It's a punitive approach," he said. "'You did this to me, and I'm going to get you back for it.'"

Dr. Carl Fichtenbaum works on the front lines of infectious disease at the University of Cincinnati. He said Hamilton County is already at epidemic levels of gonorrhea, chlamydia and syphilis, but legislation like that won't help.

"If we further stigmatize things by criminalizing them, will that allow for greater conversation? Or will it make people less likely to talk about it for fear of being convicted of a crime?" he said.

For Todd, the case is about his future.

"I have to take medicine for the rest of my life," he said. "You've damaged my brand. So now me, as a single man, to find someone who is going to accept me with this condition? It's hard."

If the lawsuit isn't settled, a judge could take up the case in December.