Court Rules Woman Not Liable in Sex Suit
`A woman isn’t legally responsible for injuries her boyfriend suffered while they were having consensual sex more than a decade ago, a state appeals court ruled Monday.
The man, identified only as John Doe in court papers, filed suit against the woman in 1997, claiming she was negligent when she suddenly changed positions, landed awkwardly on him and fractured his penis.
The man underwent emergency surgery in September 1994, “endured a painful and lengthy recovery” and has suffered from sexual dysfunction that hasn’t responded to medication or counseling, the appeals court said.
Although the woman may have exposed her boyfriend to “some risk of harm,” the three-judge panel said her conduct during the sexual encounter wasn’t “wanton or reckless” and can’t support a lawsuit.’