CHICAGO (STMW) – A DuPage County woman is suing her former married boyfriend for battery and emotional distress, claiming he gave her genital herpes without telling her he had contracted the disease.

The plaintiff, identified only as “Elizabeth Doe,” claims they met in January of 2009 and began dating a couple of months later, according to the suit filed in Cook County Circuit Court.

The defendant, also from DuPage County, allegedly told her he didn’t have any sexually transmitted diseases and promised to be faithful to her, despite the fact that he was married and had been in a monogamous relationship for 25 years, the suit claims.

He allegedly contracted genital herpes in an encounter with another woman during their relationship, according to the suit. She claims he knew about the disease, but continued having unprotected sex with the plaintiff without telling her about it, the suit claims.

They broke up in March after the plaintiff discovered she had contracted herpes, the suit said.

Nearly one in six Americans between the ages of 14 and 49 have genital herpes, but most people carrying the virus don’t know they have it, according to the Centers for Disease Control website. Those with herpes can pass the disease to a partner, even when symptoms aren’t present.

The four-count suit claims battery, fraud and both negligent and intentional infliction of emotional distress. It seeks at least $200,00 in damages, plus medical and incidental expenses, compensation for lost wages and her diminished earning ability and the costs of the suit.

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