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CRIMINAL CODE OFFENCES - Assaults - Sexual assault causing bodily harm - Consent

Monday, March 05, 2018 @ 8:52 AM  

Appeal by the accused from convictions for sexual assault causing bodily harm. The appellant was charged with aggravated sexual assault. The Crown alleged that he failed to disclose his HIV-positive status to two complainants, and they would not have consented to sexual intercourse had they known. One complainant admitted that a condom was used, the other insisted one was not. Neither contracted HIV. At trial, the appellant testified that he had told the complainants of his HIV status, and a condom was used during intercourse with...