Man with HIV gets five years
The judge said it was “miraculous” EK never transmitted HIV to unsuspecting sex partners.
Already punished with a three-year prison term in 2003 for not disclosing his health status to four women, the London man was ordered today to serve five more years for the same crime.
“I realize the severity of the crime I have done and I realize what I did was wrong,” EK told Justice Johanne Morissette.
“Hopefully it will never happen again,” he said, then corrected himself. “No, it will never happen again.”
Morissette noted EK’s abrupt correction. “You have to understand your status,” she said.
“You have five years to think about your future and think about having this status for the rest of your life.”
EK, 34, pleaded guilty to one count of aggravated sexual assault in July.
His victim was a 37-year-old woman who hooked up with him through an Internet chat line on June 3, 2005.
They met a day after communicating online and had protected sex two days later.
EK never told her he was HIV positive — which was diagnosed in 1997.
On June 11, 2005, they had unprotected sex. Again, he didn’t disclose his HIV.
They broke up at the end of July and, in August 2005, EK was arrested and his parole was revoked.
When EK was released from custody, he called the woman. They saw each other as friends, but she didn’t know about his HIV until one of his roommates disclosed it to her.
She called police on May 2, 2006.
The woman, who remains HIV negative, sobbed softly in the courtroom during sentencing.
EK’s lawyer, Robert Farrington, said his client is the father of four children — two who are teenagers and have no contact with him.
The other children are twins born to EK and a woman who met and started a relationship with him after the latest charge was wending its way through the courts.
He told that woman of his status. Neither the woman nor the twins have tested positive for HIV.
Farrington said EK’s actions were “a tremendously serious offence,” but his guilty plea shows he has accepted responsibility.
Farrington told Morissette he consulted the AIDS Committee of London to understand how EK had never infected his sexual partners.
He learned EK hasn’t transmitted his illness, largely because his CDA blood-cell count — cells that help protect the body from infection — remain high while his viral count remains low.
EK was also ordered to provide a DNA sample and his name will be added to the sex-offender registry for life.