[Update]Canada: Tanzanian man sentenced to 13 months for alleged HIV non-disclosure despite protective low viral load

Sentencing

Man jailed for not revealing he was HIV positive

January 30, 2017
Source: Toronto Sun

An HIV-positive Tanzanian student who had weeks of unprotected sex with a Vancouver woman was sentenced to 13 months in jail or aggravated sexual assault.

Justice Michael Brown said he would have given EX a longer sentence — as long as two years in prison — if there were not mitigating factors.

X, 43, had no previous convictions, Brown noted in a judgment last week.

X is an investigative journalist and social activist who has exposed resource exploitation by mining companies in his native Tanzania and other countries, court heard.

X, who has been on bail for three years without incident, had several glowing, good character letters filed in court.

Brown deducted two months from the sentence for time already served. X was placed on the sex offenders’ registry for life.

X didn’t disclose his HIV status to the 25-year-old woman before they had unprotected sex 11 to 15 times between July 31 and Aug. 31, 2013 throughout Ontario, said Brown.

The victim, whose identity is protected by a publication ban, wouldn’t have consented if X revealed the truth, added the judge.

“He specifically said he did not have HIV. She wanted to trust his word,” Brown said.

The woman testified she met X while both were on a two-week cycling trip in eastern Ontario. They became sexual partners after a walk in the woods.

After returning to university in Vancouver, she received a shocking message from X’s scorned lover in Toronto who asserted he was HIV positive.

The woman confronted X when he visited her in Vancouver. The panicked woman underwent three HIV tests, all negative.

An expert witness testified in September that X’s “extremely low serum HIV load was highly likely to be protective against HIV transmission by vaginal intercourse.”

 

Conviction

HIV-positive man guilty of assault after unprotected sex

November 29, 2016
Source: Winnipeg Sun

TORONTO – An HIV-positive Tanzanian student who had weeks of unprotected sex with a Vancouver woman was found guilty Tuesday of aggravated sexual assault.

Justice Michael Brown said X  didn’t disclose his HIV status to the 25-year-old woman before they had unprotected sex 11 to 15 times between July 31 and Aug. 31, 2013 in the Belleville area and throughout Ontario.

Brown ruled that the victim, whose identity is protected by a publication ban, wouldn’t have consented if X had divulged the truth.

Her consent was negated due to his lying to her that he had no STDs prior to their sexual relationship, the judge said.

“He specifically said he did not have HIV. She wanted to trust his word,” Brown said.

The woman testified she met X while both were on a two-week cycling trip in eastern Ontario. They became sex partners after a walk in the woods and continued to have unprotected sex after the trip.

After returning to university in Vancouver, she received a shocking message from X’s scorned lover in Toronto who asserted he was HIV positive.

The woman confronted X when he visited her in Vancouver. He told her not to worry, but the panicked woman underwent three HIV tests in the next few months to see if she was infected.

Fortunately, the tests were negative.

An expert witness testified that X’s “extremely low serum HIV load was highly likely to be protective against HIV transmission by vaginal intercourse.”

Brown said that while X’s risk of transmission was low, there remained “a realistic possibility, not a speculative one,” of transmitting the virus because no condom was used.

X, now 42, remains free on bail. A date for sentencing will be set on Dec. 6.

Charged

Tanzanian student 'low risk' to infect woman with HIV: Doctor

September 8, 2016
Source: Torontosun

Court hears Tanzanian man, 42, posed “an incredibly low risk” to female complainant during HIV non-disclosure trial

An HIV-positive Tanzanian student who allegedly had weeks of unprotected sex with a Vancouver woman posed “an incredibly low risk” to infect her, court heard Thursday.

X is accused of aggravated sexual assault and endangering the life of a 25-year-old woman by having sex with her while not disclosing his condition between July 31, 2013 and Aug. 31, 2013 in the Belleville area and throughout Ontario.

X, 42, has pleaded not guilty at the judge-alone trial before Justice Michael F. Brown.

An expert witness testified Thursday that X’s “extremely low serum HIV load was highly likely to be protective against HIV transmission by vaginal intercourse.

“I feel the risk of HIV transmission by vaginal intercourse is incredibly low” due to X’s low serum viral load, wrote Dr. Philippe El Helou, an infectious disease specialist from McMaster University, in a report filed in court.

“His risk of transmitting HIV infections through vaginal intercourse is incredibly low,” wrote El Helou.

Last week the woman testified she met X while both were on a two-week cycling trip in eastern Ontario in the summer of 2013. On the trip, they became sex partners after a walk in the woods. The couple continued to have unprotected sex after the trip.

She testified she had no inkling he was infected at the time.

She returned to university in Vancouver where she received a shocking message from Rubara’s scorned lover in Toronto. The lover asserted X was HIV-positive.

The alleged victim confronted X when he visited her in Vancouver.

He told her not to worry about it, but the panicked woman underwent three HIV tests in the next few months to see if she was infected.

Fortunately, the tests for the alleged victim, whose identity is covered by a publication ban, were HIV-negative.

Toronto Police charged X in Nov. 2013 and he remains free on bail.

As he left the University Ave. courthouse on Thursday, X struck Sun photographer Jack Boland over the head with his opened umbrella to stop him from taking pictures.

When Boland told X he could be charged with assault, X replied, “I don’t care. I’ll do what I want.”

Boland was unharmed.

Defence lawyer David Connally and Crown attorney Susan Magotiaux will make their closing arguments on Sept. 28.