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Sex Torts
Question: "In America, there is a "sexual disease crisis, part of which is the public’s incredible ignorance about the rate of sexual disease, and tort law’s failure to do its part to help educate the public and deter irresponsible sexual behavior. "Based on the high degree of risk involved in irresponsible sex, and the problems created by the current negligence-based analytical paradigm, strict liability for sexual disease transmission should be adopted. Strict liability would deter sexual disease transmission, and educate the public about the sexual disease epidemic, more effectively than negligence." "The sexual practices of a small percentage of Americans (3%!) is costing the American public billions of dollars each year. The United States has the highest sexually transmitted disease (STD) 1 infection rate in the industrialized world, a rate 50 to 100 times that of other industrialized countries.2 There are a multitude of reasons why Americans’ sexual disease rate is out of control. Some Americans view sex and sexual partners with no regard for safety or health, and the current negligence-based analysis in sex tort cases should be replaced by strict liability. The law can directly impact public opinion and behavior through its deterrence, expressive, and educational functions. While various other forms of state action are vitally important to controlling social threats, tort law is the barometer of minimal civil expectations in interpersonal relations. Prior to the mid 20th century sex tort law offered protection against reputation and emotional injury resulting from unfair or fraudulently-induced seduction, but the “heartbalm” torts were substantially eviscerated in the latter half of the 20th century. As a result, a “caveat emptor” standard in sex tort actions emerged. This standard has probably contributed to the major epidemic of STDs that has developed in the United States in the last 30 years by failing to discourage irresponsible sexual practices. The urgency of a national sexual disease epidemic necessitates a reassessment of the proper standard in cases alleging sexual misconduct." "Although modifying tort law is not the sole remedy for America’s sexual problem, it could address the problem much more effectively than it currently does. Adopting a strict liability approach to sexual disease transmission in lieu of the current negligence standard would further the public policies of encouraging accountability by forcing disease perpetrators to internalize the costs of their behavior, providing a greater likelihood of compensation to victims, and ultimately, educating the public about the very serious and pervasive health threat at hand." "“STDs are hidden epidemics of enormous health and economic consequences in the United States. . . . All Americans have an interest in STD prevention because all communities are impacted by STDs and all individuals directly or indirectly pay for the costs of these diseases. . . . To successfully prevent STDs, many stakeholders need to redefine their mission, refocus their efforts, modify how they deliver services, and accept new responsibilities. In this process, strong leadership, innovating thinking, partnerships, and adequate resources will be required. The process of preventing STDs must be a collaborative one. No agency, organization or sector can effectively do it alone; all members of the community must do their part. A successful national initiative to confront and prevent STDs requires widespread public awareness and participation and bold national leadership from the highest levels." Sex Torts D A. Pollard Texas Southern University bypress Legal Series, 2006 Answer: Unfortunately, what do you think the chances are of getting "widespread public awareness and participation and bold national leadership from the highest levels"? If public leaders can't admit to their homosexual tendencies without being chastized, what chance do we have they'll admit to having an STD and do something about it??? Answer: I believe that the next generation of young people are going to change the world because they have a more open minded view. That includes some who are here participating in this forum. I did research in my state on legislation that has been introduced in relation to hsv going back to 1993. The only pieces that were introduced had to to do with ocular herpes infections and opthalmologists. They were to ensure that the patients received proper prescriptions when necessary. catiesmom, I'm obviously opinionated but I think that until it is acceptable for a politician to admit he/she is homosexual/lesbian and he/she is permitted to thrive as "who they are" we will continue to see politicians who pretend to be something or someone they are not and hide it from their constituents. It is impossible for any person to wear a disguise for his/her entire life. Society needs to consider the damage that is done when we use religion as a means to isolate and discriminate against individuals based on the way they were born. Answer: "Unfortunately, what do you think the chances are of getting "widespread public awareness and participation and bold national leadership from the highest levels"? If public leaders can't admit to their homosexual tendencies without being chastized, what chance do we have they'll admit to having an STD and do something about it???" I think it begins at a state level. I work for a local publication, and my boss is getting me a meeting with the President of the Senate in my state (this was discussed just this past Monday)(this will take QUITE SOME TIME). I am going to ask her to draft something into legislature that needs to be recognized in the state that I live in. Of course this involves a ton of research, and I will need to hire an attorney to accompany me. It may hit the media, I may need to tell my story and deliver it to local congressmen; but this is how it begins, this is what my generation can do. I am only 28 years old. I am educated, driven, and terrified. But I am going to do something Copyright © 2007 - 2008 www.thanktoday.com
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