Yes, you can file a personal injury lawsuit against someone who infected you with herpes. You can sue even if the sex was consensual. The lawsuit would claim that the transmitter was negligent. He or she could have prevented the transmission of their herpes, but failed to do so.

Can you get charged for giving someone herpes in Canada?

In Canada, its a crime not to disclose HIV or another STI before having sex that poses a “significant risk of serious bodily harm.” However, most prosecutions have been strictly related to HIV and hardly any have been related to herpes, syphilis, chlamydia or other STIs.

Can I be charged for giving someone herpes?

You can be convicted of the criminal transmission of an STD only if you cause someone else to be infected intentionally, knowingly, or recklessly.

Do I have to disclose herpes Canada?

Partner notification for genital herpes is not required as a public health measure; however, you should encourage individuals to disclose their genital herpes status to their sexual partners as a way to decrease transmission.