Lawyer Sues Ex-lover For Exposing Her To STIs
A Lusaka lawyer has sued her ex-lover for unlawfully and negligently doing acts likely to spread a Sexually Transmitted Disease ( STI) after he had unprotected sexual intercourse with her.
Ms M.S, who is an assistant researcher to for a Lusaka High Court judge, has sued Mr X in the Lusaka Magistrates’ Court after she saw the defendant’s WhatsApp chat with his ex wife in which she was telling him about her Anti Retroviral Therapy.
Ms S., therefore, wants Mr X to answer to a complaint of unlawful and negligently doing acts likely to spread infection contrary to section 138 Chapter 87 of the Laws of Zambia when he had unprotected sexual intercourse with her.
Allegations are that Mr X, between March 26, 2020 and June 21, 2020, unlawfully and negligently did acts which were and which he knew or had reason to believe that they were likely to spread the infection of any disease dangerous to her.
Ms S. states in her affidavit that she knew Mr X in April 2019 when he was introduced to her by J.N. as a potential purchaser of a plot that she was selling in Livingstone, Southern Province.
She stated from their first meeting in April 2019, X kept in touch with her until when he was ready to pay for the plot and he made the first instalment in January 2020 and the final instalment in February 2020.
Ms S. stated that after the final payment, X asked her whether she was available for a relationship and if she was open to have a child with him and she accepted the proposal.
She claims that prior to their first intimate encounter, she inquired from X about his HIV status and proposed they do a test but he told her that he was negative.
She said the defendant added that he did medical tests for an international job that he got with the World Food Program.
She submitted that X told her to go ahead and get tested and that he would not mind if she tested positive as HIV is a manageable disease.
“Following his assurance, we went ahead and had sexual intercourse and continued to have it on different dates between March 26 , 2020 and June 21, 2020,” she stated.
Ms S. stated that she had a misunderstanding with Mr X towards the end of May this year which led into a physical altercation during which she got his mobile phones to peruse through.
She stated that she came across a WhatsApp chat between Mr X and his former wife in which the ex-wife informed him about her Anti Retroviral Therapy (ART).
S. stated that in the same WhatsApp chat, X was lamenting that his ex-wife was not in order to expose his illness even if he was sick.
“It is my belief that X knowingly and negligently exposed me to an infection dangerous to my health,” Ms S. stated.
However, Mr X pleaded not guilty when he took plea before magistrate Felix Kaoma and trial is expected to commence on November 11, 2020.