Canada: 20 years old man jailed for 2 years in Ontario for alleged HIV non-disclosure


20 years old man jailed for 2 years in Ontario for alleged HIV non-disclosure

November 5, 2016

PETERBOROUGH — An Ajax man who attended college in Peterborough is going to jail after pleading guilty to one count of aggravated sexual assault in November 2014.

Police say X, now 20, was diagnosed as HIV positive at the time, had knowingly engaged in unprotected sex and failed to disclose to his partner that he was HIV positive.

In court on Oct. 26, X was also sentenced to two years probation after his release. Three additional aggravated sexual assault charges were withdrawn, as were two counts of X violating his bail.

At the time of his arrest, the Peterborough AIDS Resource Network (PARN) said dealing with such allegations in a criminal manner is an ineffective and inappropriate tool to address HIV exposure.

“HIV/AIDS is an individual and public health issue first and foremost, and should be addressed as such. All legal and policy responses to HIV/AIDS should be based on the best available evidence, the objectives of HIV prevention, care, treatment and support, and respect for human rights.

“Most people living with HIV practice safer sex and/or disclose their status.  It is everyone’s responsibility, whether they know their HIV status or not, to ensure that HIV and other sexually transmitted infections are not transmitted.  Criminalization disproportionately places the responsibility for preventing HIV transmission on people living with HIV.”