Landmark Divorce Ruling in New York

In New York, passing a sexually transmitted infection to a partner has been deemed a form of domestic violence, as highlighted by a notable ruling from a Long Island judge. This decision awarded the victim’s wife all of their marital assets.

The ruling, made by Nassau County Judge Edmund Dane on December 1, emerged from a separation in 2022 between Thomas Saxton, a man with a history of violent drug abuse, and his wife, who had engaged in multiple affairs and transmitted herpes and HPV to him.

The unnamed wife testified that due to the HPV infection, she needed surgery to remove cancerous cervical cells, and she would require life-long medication as a result.

Judge Dane classified the transmission of the STD as a “serious domestic violence” act against Saxton’s spouse, leading to her receiving all of their joint assets, which included thousands from their bank accounts and a portion from their home’s sale.

Morgan Richardson, a law professor at Pace University, indicated this is a groundbreaking ruling, marking the first occasion where transmitting an STD has been considered domestic violence in asset distribution by a judge.

Richardson called the decision significant, noting its importance for domestic violence advocacy.

While any individual who knowingly infects someone with an STD can face prosecution in New York, there is no indication that Saxton will be prosecuted for infecting his wife.

Byron Dibbins, the wife’s attorney, described the verdict as a “huge” victory.

He noted that this decision rests on a 2020 law change in New York that permits courts to factor in domestic violence when dividing marital property.

Dibbins praised the trial attorney Alexandra Mule for her role in building a strong case against Saxton, who has a notable arrest record, including an incident in 2022 where he was accused of threatening his wife and child with a gun at Cohen Children’s Medical Center.

Saxton, 38, has faced legal issues since at least 2009 and pleaded guilty to weapons charges in January 2024, currently serving a seven-year prison sentence.

He was known to have threatened his wife frequently and had a troubling history of violence, including an incident where he threw a frying pan at her. He was reported to spend substantial amounts of money on drugs like heroin and crack.

The wife expressed her pain, stating she had never cheated during their marriage, and the infection caused her “terrible” suffering. The court found her testimony credible.

“After his sentencing, I genuinely felt vindicated,” she shared, emphasizing the difficulty of coming forward as a domestic violence survivor.

Saxton didn’t have legal representation during the divorce proceedings and remains unreachable for comments.

Ankit Kapur, a divorce lawyer, suggested this ruling might make unfaithful partners more cautious in the future. He humorously noted that he might start advising clients to take STD tests, similar to how he previously suggested DNA tests.