STD case, How do they work??

A guy I know has recently found himself in a situation in which he thinks he might get sued. In April 2025, he found out he was exposed to hsv-2 when his then girlfriend testes positive. He did not get tested formally until June of 2026. But in December 2025 he had consensual sex with a girl. He wore a condom, believing that this was enough protection, but did not verbally tell the girl he was exposed. She recently found out through someone else that he tested positive and is threatening legal action. She herself has not yet gotten tested and said that she has not experienced any symptoms (incubation period is 7-12 days). My question is, can she do that? Our friend group keeps having big discussions about this, and we just want a clear answer.

Location: COLORADO

Author: islandgirlpr05