Happy Holidays from Florida Law. The Gift that Keeps on Giving!!

  With the holiday season in full swing (yes, we all saw the Christmas displays in the department stores BEFORE Halloween), most of us are busy trying to get our shopping done, and find just the right gift for those on our list. So, when I read a recent case, I couldn’t help but think that this husband found the perfect gift. Not only could his wife (now ex wife) not take it back or exchange it, but she could re-gift it over and over and over.


  The case, recently decided by 4 District Court of Appeals is Kohl v. Koh.  Mrs. Kohl filed for divorce and also filed for damages resulting from assault by way of the transmission of HPV.


   The trial court, and thereafter, the appellate court dismissed Mrs. Kohl’s request for damages from the sexually transmitted disease. Notwithstanding that Mrs. Kohl alleged that her (now ex) husband "engaged in extra-marital affairs and hired multiple prostitutes and escorts during the course of their marriage," that just was not enough to pursue a suit against him.


   In fairness to the trial judge and the 4th District Court judges, they were only following Florida law (which…shout out there—that’s what the judges are supposed to do.) The law of this fair state requires that a party asking a court to recover damages as a result of getting a sexually transmitted disease from anyone (not just a spouse) must allege that the offending individual had actual knowledge that he/she "was infected with one of the sexual diseases set forth in Section 384.24, Florida Statute," and he/she "was informed that the disease could be communicated through sexual intercourse."


  So, apparently, when Mrs. Kohl found out her husband was fooling around, before she slept with her husband, she had a duty to inquire 1) whether he had knowledge he was infected with an STD and 2) whether he had he been informed that he could pass this on as the gift that keeps on giving.


  Because, I am sure that anytime one uses an escort service the first thing the escort tells her "customer" is that she has an STD, and thereafter, rather than fleeing, the customer then responds, "Oh, well, could you tell me whether your STD can be passed on to me and my wife back at home?" Are YOU kidding?


  Interestingly, the way the statute is drafted, it seems that a spouse (and, actually, anyone engaging in sex with another) would have a duty to inquire each and every time he/she engages in sex with his/her spouse because, if not, then the burden is on the gift recipient to allege (and later prove) that his/her lying, cheating spouse knew of the infection and, further, was informed (by who?) that it was transmissible through sex. Sort of kills the romance, doesn’t it? And as for the gift that keeps on giving, maybe she should have asked for a gift card instead. Visit Our Webpage for More Information