A recent ruling by a judge in New York state determined that giving your spouse a sexually transmitted disease (STD), also known as a sexually transmitted infection (STI), is a form of domestic violence in New York state.

The Long Island judge ruled in a groundbreaking divorce decision that gave the wife 100% of the couple’s assets after her spouse, who had multiple affairs, gave her herpes and HPV. The judge’s decision was based on a 2020 amendment to New York law that allows courts to weigh domestic violence when determining how to split up marital assets.

In this case, the husband “repeatedly threatened to kill his spouse; had multiple affairs; once threw a dirty frying pan at her; and spent hundreds of dollars a week on drugs, including heroin, crack and cocaine, according to the judge’s decision,” according to a news report.

Further, the husband even brought one of his paramours home while his wife and child were present, with the wife “tearfully” describing how she had not slept with anyone outside her marriage — and how the resulting infections apparently inflicted by her husband left her with “agonizing” pain, according to the report.

The court found the wife’s account credible, citing a 2020 amendment to a New York state law.

Is it Domestic Violence? 2020 Amendment to New York State Domestic Relations Law

The judge’s decision is based on a 2020 amendment to New York law that allows courts to weigh domestic violence when determining how to split up marital assets. On April 3, 2020, the New York State Legislature amended the Domestic Relations Law (DRL) by adding domestic violence as a consideration in making a distributive award in divorce cases.

While the amendment to the Domestic Relations Law does not specifically define domestic violence or mention STDs, it refers to another statute, Social Services Law §459-a for clarification. That statute states that domestic violence is an act committed by a family or household member that results in actual physical or emotional injury or that creates a substantial risk of physical or emotional harm to another family member or their child. The statute defines domestic violence as a person over age of 16 who is a victim of acts constituting disorderly conduct, harassment, sexual abuse, or other serious offenses, committed by a family or household member.

“Family members” are defined by the New York State Unified Court System on its website, NYcourts.gov, as individuals related by blood or marriage, individuals who were formerly married, or individuals who are unrelated but have a child together; and individuals who are unrelated who are or have been in an intimate relationship.

Criminal Implications for Transmitting an STD

In New York state, STDs are not specifically listed under New York Penal Law, but engaging in sexual intercourse knowing you have an STD can lead to criminal charges. Specifically, New York Public Health Law § 2307 criminalizes knowingly giving someone an STD, which applies to any infectious “venereal disease.”

Many other states have laws criminalizing the intentional or reckless transmission of specific STDs, particularly those that are incurable or life-threatening, such as HIV, according to legalclarity.org. Laws vary, but generally require proof that the defendant knowingly exposed another person to the disease without their informed consent.

Example: Under some state statutes, a person aware of their positive HIV status who engages in unprotected sexual activity without disclosing their condition may face felony charges. Penalties can include fines, mandatory registration as a sex offender, and prison sentences ranging from several years to life, according to legalclarity.org. Further, reckless behavior, such as failing to use protection despite knowing one’s STD status, can also result in criminal charges, the website states.

What to Do If You Think Your Spouse Gave You an STD

• The first step anyone should do if they think they may have been exposed to an STD is to visit a health care provider for testing and treatment. STDs often can be treated effectively and early intervention is key to treating STDs. Further, it is important to take time to process your feelings and seek support from friends, family and/or a therapist.

• STDs are a sensitive subject and can involve anger, shame, and harsh words. The best route for both parties is to address the issue and discuss options calmly.

• Understand your legal rights. Depending on the circumstances, you may have legal grounds to pursue a claim against your spouse for transmitting the STD. This could be based on negligence (if they knew about their STD and did not disclose it) or intentional infliction of harm, which could be a form of domestic violence.

Are STDs Grounds for Divorce?

Individuals will likely face tough decisions about whether to stay with their spouse or partner who gave them the STD, and if the partner knowingly exposed them to an STD without their informed consent, this is a serious breach of trust (and of the law) and could be considered domestic violence and may require legal.

If your spouse unknowingly gave you an STD, then the situation may be different. Whether or not you stay with that person depends on whether you feel that they are genuinely remorseful and willing to make amends.

In the aforementioned New York state case, the judge found the STDs given to the wife were among the husband’s “profound acts of domestic violence” against his wife, and awarded her all of the couple’s assets, which included cash and proceeds from the sale of their home, according to the news report.

In addition to meeting certain requirements under New York state law, it appears it is at the discretion of the judge in the specific case to determine if transmitting an STD to a spouse is tantamount to domestic violence.

Tully Rinckey attorneys understand that the issues involved in divorce can be challenging, and they will handle your matter with the attention and tact it deserves. Every divorce is unique. If you have additional questions about your divorce, our team of attorneys is available to assist you today. Please call (888) 544-7929 to schedule a consultation, or schedule a consultation online.

Daniel Gvertz is a Partner in Tully Rinckey PLLC’s Buffalo office. With nearly 15 years of dedicated practice in family law, Daniel brings a wealth of experience and a deep understanding of the complexities involved in matters of child custody, support, family offenses, and divorce. As a seasoned attorney, Daniel has earned a reputation for providing compassionate and effective legal representation, guiding clients through some of the most challenging times of their lives.

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