Man files suit over lover's HIV status

Posted at 7:45 PM, Nov 30, 2015
and last updated 2015-11-30 22:45:01-05

A San Diego man is going to court, claiming he was deceived by a man who lied about his HIV status.

In mid-September, Dan responded to a Craiglist ad in the Men Seeking Men section.

After talking with Mark for several hours, Dan texted him a question about his HIV status.

“His response was – negative,” said Dan.

That night, the two had protected sex.

“Unfortunately, I used my emotions instead of my head,” said Dan.

Dan says Mark assured him repeatedly he was negative, but his interest in a risky sexual act made him suspicious.

Dan went back to Craigslist and went to the Casual Encounters section.

He saw an ad with a familiar photo and an address matching Mark’s email address. Dan posed as someone else and said he was HIV-positive. He showed 10News emails where he got Mark to admit he was HIV-positive.

“I shut down, absolutely stunned,” said Dan.

In the email exchange, Mark says he hides it because he's discriminated against.

“That’s no excuse. He says he lied to others as well,” said Dan.

Since then, Dan has racked up thousands in medical bills and HIV testing.

“It’s been an emotional rollercoaster. From crying to fear to feeling alone,” said Dan.

Dan says Mark paid about $1,000, and then stopped answering calls, prompting Dan to file a lawsuit in small claims court.

“I believe he needs to be held accountable. He needs to know what he did is wrong,” said Dan.

Dan says so far, he has tested negative.

10News didn't use Mark's real name, because he hasn't been arrested for a crime.

Police told Dan that since the two used a condom, there is no crime.