THE CONDOM DEFENSE

Condom Defense: An affirmative defense used by men who are sued by women for giving them a venereal disease or women who are sued by men for giving them a venereal disease. Or if either party is charged with violating Florida Statute, 384.24. The argument is that since the male was not wearing a condom he or she assumed the risk of catching a disease and no action should lie either civilly or criminally. Similar to the “Seatbelt-Defense,” in civil cases where a person sues for damages in an automobile accident even though he or she was not wearing a seatbelt and their damages are reduced by the amount caused by not wearing a seatbelt. Or perhaps more appropriately compared to the “Helmet Defense,” which suggests a person on a motorcycle who is in an accident while not wearing a helmet could have his or her damages reduced in a civil suit against the person who hit them.

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