How to Prove a Partner Knew They Had an STD: Essential Evidence for Your Lawsuit


Taking legal action against a former partner for transmitting a sexually transmitted disease (STD) or infection (STI) is a profoundly difficult decision. Beyond the physical health challenges, you are dealing with a profound breach of trust. When you pursue a personal injury lawsuit, the most critical element you must establish is scienter, or the legal knowledge that the defendant was aware of their infection status at the time of transmission.

Proving that a partner knew they were infected and chose not to disclose it—or actively lied about it—is the foundation of a successful case. Without this proof, a defendant can argue they were asymptomatic and unaware, which significantly weakens claims of negligence or battery.

Why Proving Knowledge is the Turning Point

In the United States legal system, simply having an STD does not automatically mean the person who gave it to you is liable. For a case to move forward, you must show that the defendant failed to act with reasonable care.

If your partner knew they had a disease and engaged in sexual activity without telling you, they have breached their duty of care. This behavior moves the situation from a tragic accident to a actionable legal wrong.

Critical Evidence to Establish "Scienter"

Building a strong case requires gathering concrete evidence. In many cases, the evidence already exists in the digital and medical trail your partner left behind.

1. Electronic Communication and Digital Evidence

In the modern world, digital footprints are often the strongest evidence of knowledge. You should preserve all forms of electronic communication:

  • Text Messages and Emails: Look for messages where the partner discusses going to a doctor, receiving test results, or mentioning symptoms.

  • Social Media DMs: Conversations on platforms like Instagram, Snapchat, or Facebook can contain admissions or references to health issues.

  • Search History: If you have access to a shared device, a history of searching for STD symptoms, treatments, or specific diseases can prove they were actively researching their condition before or during your relationship.

2. Medical Records and Pharmacy Prescriptions

A partner’s medical history is a goldmine of information, though acquiring it often requires a subpoena through your attorney.

  • Test Results: Documents from doctor’s offices, clinics, or laboratories showing positive results for an STD prior to your infection.

  • Prescription History: Records of prescriptions for antiviral medications (like Valtrex for Herpes) or antibiotics, which directly contradict claims of being unaware of an infection.

  • Doctor Notes: Notes from medical consultations that reference the patient’s awareness of symptoms or a previous diagnosis.

3. Witness Testimony

People close to the defendant may have information that supports your claim.

  • Previous Sexual Partners: An attorney can sometimes locate and interview past partners who were also infected by the same person, establishing a pattern of reckless behavior.

  • Friends or Family: Conversations where the defendant admitted their diagnosis to others can be used as testimony.

Dealing with the "Asymptomatic" Defense

A common defense strategy is for the defendant to claim they had no symptoms and therefore had no reason to believe they were infected. While some STDs are truly asymptomatic for long periods, this defense can often be undermined by showing the defendant was engaging in high-risk behavior or had been treated for related conditions in the past.

Your legal team will work to establish a timeline of your symptoms, the defendant’s medical history, and the timeline of your relationship to bridge the gap between their knowledge and the moment of transmission.

Legal Strategies to Gather Evidence

You do not have to gather this evidence on your own. A skilled personal injury lawyer will use formal legal tools to uncover the proof necessary to win your case.

Discovery Process

Once a lawsuit is filed, the "discovery" phase begins. This is a formal exchange of information between parties. Your lawyer can use:

  • Interrogatories: Written questions that the defendant must answer truthfully under oath.

  • Requests for Production: Formal demands for the defendant to produce medical records, emails, text logs, and other documents.

  • Depositions: Sworn, in-person testimony given by the defendant or witnesses, recorded by a court reporter.

Subpoenas

If a medical provider or pharmacy refuses to release records, your attorney can issue a subpoena, forcing them to release the documents for use in court.

Protecting Your Privacy During the Investigation

A common fear is that the private details of your life will become public record. While it is true that sexual history becomes relevant to the case, there are ways to protect your dignity.

  • Confidentiality Agreements: Many settlements include clauses that keep the details of the case private.

  • Pseudonyms: In certain circumstances, your attorney may be able to file the lawsuit using "Jane Doe" or "John Doe" to protect your identity from the public.

Steps to Take If You Need to Prove Knowledge

If you believe you have contracted an STD due to a partner's reckless behavior, immediate action is required to preserve evidence.

  1. Stop Deleting Messages: Immediately stop clearing your text history or deleting emails. Take screenshots and backup digital evidence to a secure location.

  2. Document Symptoms and Dates: Keep a detailed log of when you noticed symptoms, when you were tested, and when you confronted your partner.

  3. Consult a Personal Injury Attorney: Contact a lawyer who specializes in cases involving the wrongful transmission of diseases. They can evaluate the evidence you have and determine the best strategy for gathering the remaining proof.

Proving that a partner knew they were putting your health at risk is challenging, but it is not impossible. With the right legal approach and diligent evidence collection, you can hold the responsible party accountable and secure the compensation you deserve for your medical expenses, pain, and suffering.


Understanding Your Legal Rights: Can You Sue Someone for Giving You an STD?