Hogan v. Tavzel

660 So. 2d 350 · District Court of Appeal of Florida · 1995

Facts

Carolyn Hogan sued her former husband, Mark Tavzel, for infecting her with genital warts during consensual sex, knowing he had the disease but failing to warn her. The trial court dismissed her claims, citing interspousal immunity and ruling that consensual sex cannot constitute battery for STD transmission.

Issue

Can a former spouse sue for torts, including battery, for the transmission of a sexually transmitted disease during consensual sex, given the abrogation of interspousal immunity and the defendant's fraudulent concealment of the disease?

Holding

The court reversed, holding that the abrogation of interspousal immunity was retroactive, and that consent to sexual intercourse is vitiated by fraudulent concealment of a sexually transmitted disease, thus allowing a battery claim.

Rule

When a court overrules a prior decision, it is generally retrospective unless explicitly stated otherwise. Consent to sexual intercourse is not consent to be infected with a sexually transmitted disease, and fraudulent concealment of such a disease vitiates consent, allowing a battery claim.

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Case brief last reviewed 2026-01-08. Prepared by CaseReader from the published opinion.