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"We all felt he should have told her -- he had the responsibility to tell her," said juror Noah Brimhall.

Difficult to prove Lawsuits like this are rare because it's difficult to prove a "preponderance of the evidence" -- in other words, that someone "more likely than not" intentionally infected another. Some states specifically outlaw the intentional spread of any sexually transmitted diseases.

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Jurors were asked to ponder fundamental questions about dating and sex in today's times: Was the man obligated to tell his date that he had genital herpes before they had unprotected sex?

The jury deliberated for two hours before reaching a verdict: The man was 75 percent negligent, while the woman carried 25 percent of the blame.

Two jurors, however, dissented, believing the man was entirely at fault.

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    The committee will continue trying to find a solution to this problem and if anyone has any ideas they would like to share, the committee would like to hear them.