In 2022, the 26 -year -old Xiao Wang (pseudonym) and the 7 -year -old female landlord Yu, Yumou, had three sexual relationships without taking safety measures.Later, Xiao Wang was checked positive for papilloma virus (HPV).
Xiao Wang believed that he was infected with Yu Mou, and sued to the court to claim 30,000 yuan.Recently, the first trial of the case was published on the Internet of China ’s referee documents. The first instance of the People's Court of Hunnan District, Shenyang City, Liaoning Province rejected Xiao Wang's demand.
The judgment showed that the court tried to find out that Xiao Wang met with the other party because he was renting a house.Xiao Wang reported that he had sex with Yu Mou on October 14, October 15th, and October 17, 2022, and later found that he had a sexual relationship without taking security measures, and later found that he had a sexual disease.At present, Xiao Wang was inspected by Shengjing Hospital affiliated to China Medical University as "positive of human papilloma virus (HPV)". Xiao Wang believes that the disease is contagious.
For this story with Yu Mou, Xiao Wang mentioned in the indictment that Yu is a resident in Hunnan District, Shenyang City.She used to recruit customers outside, and because she had no house, after seeing Yu's rental information on October 13, 2022, she leased her empty house for residence and lived in the next room.
"Due to the lively personality, he took the initiative to show me well. Under her initiative, I was with her with sexual relations (no set)." Xiao Wang's indictment showed that he saw Yu Mou's purchaseThe treatment of sexually transmitted diseases and found another drug in his drawer. With many verifications of his verification, Yu Mou acknowledged that he had been sick.Later, Xiao Wang went to the hospital for examination, concluding "Positive Human Pparanoma Virus (HPV)."
Xiao Wang believes that his body and spirit have been harmed. He sued in Mou and claimed 30,000 yuan in medical expenses and spiritual comfort.
Yu Mou argued that when Xiao Wang saw her live alone, she took the initiative to ask for sex with her."I have not had sexually transmitted diseases in the past, but I have done some gynecological examinations in order to prepare for pregnancy. I was told that there were gynecological inflammation. Under the suggestion of doctors, I bought drugs for treatment of gynecological inflammation." Yu Mou believes that in this dispute in this disputeLater, she checked in the hospital many times, and the HPV indicators were negative."Little King HPV is positive has nothing to do with me. In addition, the way of HPV infection is not just through sexual life."
The court of first instance believes that although voluntary sexual behavior is not advocated in our current society, it is not a clear ban on my country's law.In this case, the original and the defendants have been adults, and they have the right and freedom of sexual behavior. At the same time, they can also foresee the consequences of sexual behavior due to unused condoms.There are threats or coercion in the process of sexual relations. In addition, the plaintiff is in the middle of the age. Compared with women with similar age, the advantages of the same age have obvious advantages. In case of threats or coercion, the plaintiff can immediately stop the behavior.On October 14, October 15th, and October 17, 2022, sexual relationships occurred in the absence of unused condoms. It can be seen that the sexual behavior of the two does not have threats and coercion.There is a situation of infringement, so there is no factual and legal basis for the plaintiff's claims claimed by infringement. The court of first instance does not support it.
Xiaoxiang Morning News reporter Zhou Lingru
