If a sexual partner was aware of his or her STD and infected you, he or she may be held accountable in a civil case for damages. J.D. David Goguen If you have been infected with a sexually transmitted disease (STD), you may be able to sue the sexual partner who infected you in civil court. A plaintiff in a lawsuit based on negligence can win if the defendant's conduct has been deemed "malicious" or "wanton." In other words, they must have known that what they were doing was wrong. Plaintiffs cannot recover punitive damages, but they can seek actual damages. In California, for example, plaintiffs can prove malice in one of two ways: by showing that a defendant intended to cause harm or knew that harm would likely result from his actions. With respect to intentional torts, plaintiffs usually show intent by proving that the defendant committed the act without legal justification or excuse. For example, if a person assaults another knowing that the victim is allergic to aspirin, this shows intent to harm because the defendant acted despite knowing that it violated the other person's rights. Plaintiffs can also prove malice in cases involving negligent torts by showing that the defendant had either an objective or subjective awareness of the risk of harm involved but nevertheless proceeded in conscious disregard of it. For example, if a doctor performs an unnecessary vasectomy on a patient who later suffers permanent injury, this shows malice because the doctor acted with knowledge that the procedure was risky.