Question

Alexander and Alexandra have consensual sex. Alexander knows that he has the sexually transmitted disease genital herpes but he does not tell Alexandra. She later contracts herpes. Which of the following most accurately states the likely outcome if Alexandra sues Alexander in the tort of battery?

Options

• Alexandra’s action will fail because she consented to having sex with Alexander

• Alexandra’s action will succeed because she would not have consented to the contact she had with Alexander if she had known he had herpes

• Alexandra’s action will succeed because Alexander concealed the fact he had herpes

• Alexandra’s action will fail because sexual contact cannot amount to battery

Answer 1

Alexandra’s action will succeed because she would not have consented to the contact she had with Alexander if she had known he had herpes