PETITION TO THE NORTH CAROLINA GENERAL ASSEMBLY
Subject: Create Civil and Criminal Remedies for the Intentional Transmission of Incurable Sexually Transmitted Diseases (e.g., Genital Herpes/HSV-2)

 
Purpose
We, the undersigned residents, survivors, health professionals, and allies, respectfully urge North Carolina’s lawmakers to enact legislation that:

Criminalizes the knowing and intentional transmission of incurable STDs, specifically Herpes Simplex Virus type 2 (HSV-2).

Establishes a clear civil cause of action so survivors may recover medical costs, lost wages, and punitive damages.

Requires the NC Department of Health & Human Services to track and publicly report HSV-1 and HSV-2 data by county.

Launches a stigma-free public-education campaign on testing, disclosure, and prevention.

Aligns the statute of limitations (minimum three years from diagnosis) with the delayed discovery typical of HSV infections.
 
Why Action Is Urgent
Facts
North Carolina has no statute that specifically criminalizes intentional HSV-2 transmission. Prosecutors must rely on generalized assault theories, and civil plaintiffs face an uncertain patchwork of negligence and fraud claims.

NC does not collect or publish county-level HSV surveillance data, leaving health departments and communities flying blind.

Globally, ≈ 3.8 billion people under 50 carry HSV-1 (oral) and ≈ 520 million adults 15-49 carry HSV-2 (genital).

HSV-2 infection triples the risk of acquiring or transmitting HIV.

 
In 2022 a Durham County civil action alleging intentional HSV-2 transmission was dismissed for lack of statutory or case-law precedent. Survivors therefore have no guaranteed “day in court.”

Proposed Legislative Framework

Criminal Provision
Make intentional transmission of an incurable STD a Class H felony (or higher). Elements: (a) defendant knew of infection, (b) failed to disclose, (c) sexual contact, (d) actual transmission.

Civil Cause of Action
Statutory tort for intentional or reckless transmission; damages include medical, mental-health, lost income, and punitive awards; survivor’s legal fees recoverable.

Mandatory Reporting
Add HSV-1 & HSV-2 to NC Communicable Disease reporting list; publish anonymized county dashboards.

Public-Education Fund
Allocate resources for evidence-based, stigma-free campaigns on disclosure, testing, and safer practices.

Discovery Rule
Survivor has ≥ 3 years from first medical confirmation to file suit or criminal complaint.
 
Balancing Justice and Compassion
This petition does not criminalize unknowing transmission or stigmatize those living with HSV. It targets willful or recklessly indifferent conduct which is no different in principle from drunk driving or knowingly exposing others to toxic substances.

The statute will include:

Affirmative defenses for individuals who made full disclosure and took medically recognized risk-reduction steps.
Privacy safeguards consistent with HIPAA and state health-confidentiality rules.
 

Call to Action
Legislators: Draft and champion the “Incurable STD Accountability Act.”

Governor & Attorney General: Publicly endorse the bill and allocate enforcement resources.

Community & Faith Leaders, Medical Societies, Survivor Networks: Issue statements of support; offer expert testimony.

Citizens: Sign and share this petition. We need at least 1,000 signatures to place survivor voices squarely before the General Assembly.
 

Our Vision
We refuse to let silence, shame, or outdated statutes dictate the lives of North Carolinians. With your signature, we move from an uphill struggle toward a hill-top victory where every survivor of intentional, incurable STD transmission can stand in a courtroom and be heard.