She told me she was HIV-positive and it was a lie. It added stress to my plate and mental anguish until I got tested, and waited 6 long months to get retested. Is there any legal action I can take upon her? I live in the State of NJ.
by 
HealthFreak
ANSWERS: 4
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You cannot sue her criminally, but in civil law you can but you have to prove your emotional distress affected your life in a major way, ie loss of work, etc.
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In many states you can only sue for emotional distress if it is accompanied by physical injury. A few states (such as California) don't have this requirement. Although I don't know the law in NJ, this may be a bar to suit. If it is not, you also have to be able to prove that she actually lied and that she did it with the intent to cause distress. Just becasue she does not have HIV does not mean that she lied. Moreover, many people would be sympathetic to her if she argues that she thought she was infected, and felt that she had to warn you. Also, just becasue you don't have HIV doesn't mean she doesn't. Finally, being stressed out is not enough to prove injury. You would need to prove up your injuries. In short, you may not have a cause of action, but even if you do, it could be tough to prove your case.
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How do you know it was a lie? Just because she has HIV doesn't mean that you will get it.
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Can you sue someone for YOUR not having safer sex? Unlikely. It takes two people to have sex, but only one to protect themselves.
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