When I first heard about the lawsuit against Usher, I made no attempt to learn any of the details. I dismissed that shit weeks ago when I heard about the supposedly green discharge coming out of Usher's penis, (which is not a symptom of herpes) but was claimed in the first alleged law suit according to the tabloid outlets. I was suspect.
But really, personally, I respect Usher's right to privacy so I had decided to let it ride. Living with a STD is so very personal. But then after the press conference yesterday with the woman who is suing Usher because he could have infected her, but didn't, I thought that maybe I needed to weigh in.
Let me say right off the bat, according to a California law, it is against the law for a person with a sexually transmitted disease (STD) to have sex and not disclosure that information to their sexual partner prior to the sexual encounter. (And there lays the biggest problem for me; the criminalization of a medical condition.)
Whether the STD is Herpes or HIV, the law requires disclosure. Now, I'm not a lawyer but this is the legal bases for the law suit. What I don't know is if the sex had to happen in the state of California? I'm still trying to unpack this legal portion.
Background: Apparently, the claim of court documents published by Radar Online and other tabloid sites indicated that Usher was allegedly diagnosed with herpes between 2009-2010. The articles claim that in 2012 Usher was allegedly sued by Maya Fox-Davis and settled the case for over a million dollars. This may be true, but honestly I'm still trying to find a legitimate source. None of the tabloid articles show the actual court documents. And might I add, that all the legitimate news sources are reporting based on the tabloid articles. So based on these tabloid reports that Usher has herpes, other alleged sexual partners of Ushers have come forward, two women and one man in a lawsuit handled by Lisa Bloom. While one of the persons in the suit is named "Jane Doe" and one "John Doe," one person Quantasia Sharpton, also named in the suit held a press conference with Lisa Bloom, the attorney of record.
Apparently, Quantasia tested NEGATIVE for herpes but is suing Usher for what he might have done. At her base line, is the issue of consent. She indicated, that she would have never had a one night stand with Usher had she known he had herpes and by not disclosing, he took away her choice. I hear you girl! I agree, you should have had the right to choose the terms of your one night stand.
At the end of the day though, I'm just thankful that she was not infected. This is especially true since she had a child after her alleged sexual encounter with Usher. It means her child was never exposed to Herpes. Mother to child transmission is one of the greatest risk for a woman with herpes. The way I see it, she just learned of Usher's alleged herpes status with the rest of us, so there's no long term emotional abuse. Quantasia is not infected, she had an alleged fun night with a celebrity, walked away from that alleged sexual encounter, started a family and kept it moving. I say, what you didn't know, didn't hurt you, go in peace.
Making an example out of Usher for something he could have done, girl that's like calling the kettle black. I can think of a whole lot of lessons to be learned from this alleged sexual encounter that happened with two people who knew each other for less then two hours. But God forbid, I'm accused of slut shamming either of them, so I'll leave that one alone.
But I will say, if I ummmm get invited to a fine ass celebrity's hotel room, just pick one, yep him, you better believe I'm going to take, not one pack but two packs of condoms, just in case, us two consenting adults decide to do that thang. Cause shoot, I already got two STD's, and with my damaged immune system, I surly don't want anything else. At the end of the day, you never know who got what. I understand in 2017, that an STD's know no race, class, or gender. It's all equal in the game of unprotected sex.
Now, on to the next point, but I should also add that at least one person in the law suit against Usher has tested positive for herpes, but whether the person was infected by Usher is for a court to decide.
Bottom Line
Lisa Bloom has filed this law suit to shame Usher into disclosing whether or not he actually has herpes and possibility broke the law by not disclosing his status to his partners prior to sex so she can pursue damages. This is ambulance chasing at its best.
Be clear herpes is very common. The CDC reports that 1-6 persons have herpes in the United States. Furthermore, most have not been diagnosed. Most cases are "subclinical" meaning there are not recurrent symptoms. So lets say, you have never been tested for herpes, but you have been exposed, at the end of the day, unless you test all of your sexual partners, you can't really claim one person. The way it could be narrowed down is with your very first outbreak which usually appears within 4 days after exposure but as long as 12 days. Mostly people go through life with very little clinical manifestations of genital herpes and research shows that recurrent outbreaks lessen over time, unless you are immunocompromise like me.
I mean real talk here. I dated a guy that had a herpes legion on his penis, and I asked him what it was. He told me that it was some kind of skin thing that he get maybe once a year and by the time he thinks about going to the doctor, it's gone. We had the flight from hell, me trying to convince him that it was herpes. That's how many people in the real world deal with herpes.
With three plaintiffs on board, I see a big payday if it proves to be true. Which is my second big problem, for sure I think the methodology is tacky and I'm being nice? This type of strong arming tactics is extremely problematic and makes it even harder for people living with a STD. The headlines, the memes, the jokes, the speculation all help to create an environment that strengthens stigma and shame. Who would ever want to disclose in this climate, especially a person of means.
I have so much to say as woman living with both HIV and Herpes. I know that I'm walking a thin line between what is legal, politically and ethically correct, but these are some truths that people with an incurable sexually transmitted disease live with everyday.
First of all, I do believe that a person should disclose to their partner that they are living with a sexually transmitted disease. I believe it creates a foundation of trust from the beginning. It also says to the person, I respect your right to make a choice about your body and life. Now, I know others, even physicians who treat HIV, that believe the stigma is so thick it leaves people in isolation and therefore, disclosure should be secondary to getting to know a person. Especially now that a person living with HIV with an undetectable viral load cannot transmit HIV. I wonder how they feel about herpes. I'll do some checking and get back.
So while I think one should disclose early, I also understand the hinderance to disclosure, leaves one walking a tight rope. The shame and the stigma already attached to STD's and then the personal damage done to a person after disclosure. Remember Charlie Sheen, he disclosed his HIV status and the woman took a picture of his medicine cabinet and blackmailed him. Remember the young girl I blogged about Cicely Boden who was murdered after she disclosed her HIV status. The fear is real. Even me, in my early days, I had to make real sure that a person wasn't going to take my information and use it against me. For sure I was diligent about condom use, but I was trotting a thin line. To tell a man I had herpes was one thing but to tell him I also had HIV, for sure made me hands down look like a whore. When in real life, shit happens and that effects our lives.
Disclosure is tricky, I mean, especially if you're just hookin up. I mean one night stands and hook-ups are trick, trick tricky when it comes to disclosure. Who wants to tell something so personal to someone who you have known for a few hours, or you are not that serious about? But again, who's having sex like that in 2017? Yes, there was a tad of shaming in my last sentence I admit. Don't get me wrong. I'm not knocking you doing your thang! But for the love of yourself, if you are hookin up, then use a fucking Condom. I admit, disclosure is one thing and condom use is another and they should both be taken seriously.
But when it comes to disclosure, what about those early days of a potential relationship? How soon do you tell? Before or after you learn that he leaves the toilet seat up. What happens when you tell and learn that his credit score is jacked up, or he's full of shit. When do you tell? Who do you trust with information that can damage your reputation in a matter of minutes? Even after I started disclosing to my partners, I didn't tell my mother until right before the Essence Magazine article was released for fear of being deemed a slut by a mother who never faced that her husband was a child molester.
This is the bottom line, neither of these STD's is a walk in the park. Why not get your groove on and love yourself at the same time. No one has the luxury of sex without a Condom. I was talking to an OBGYN doctor and she said that she makes her husband use a condom. After twenty years of seeing any and everything in her clinics, she's not taking a chance.
More To Come...