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Tuesday 22 July 2008

Canada: Second African migrant guilty of HIV exposure in Winnipeg

Following the high-profile case of Clato Mabior, a second African migrant in Winnipeg - a 35 year-old unnamed man – has been convicted of two counts of aggravated sexual assault (criminal HIV exposure). He will be sentenced next month.

The case was halted last November after it was alleged that public health nurses acted inappropriately.

It's not clear why the man's identity has been protected, but it makes a very welcome change.

See news report, below, from the Winnipeg Sun.

Judge rejects HIV small talk, convicts man of assault
July 19, 2008

An HIV-positive Winnipeg man has been convicted of two counts of aggravated sexual assault after a judge rejected his claim he informed two girlfriends of his health status before having unprotected sex with them.

The 34-year-old African immigrant -- whose identity is protected by a publication ban -- testified at trial he told one woman of his HIV status after she found a condom in his pocket and another during a visit to her Arlington Street home.

He said both conversations took only a matter of minutes and the topic only came up again when one woman became pregnant.

Justice Nathan Nurgitz said yesterday he found the man's evidence "seriously lacking in credibility."

"To have discussions of such life-threatening issues lasting only minutes is simply not believable," Nurgitz said.

The man has remained in custody since his arrest in May 2006. He will return to court for sentencing next month.

At trial earlier this year, Nurgitz tossed out charges involving a third woman after she admitted she continued to have sex with the man after learning he might be HIV-positive.

A now 22-year-old woman testified at trial she tried mowing the man down with her car five years ago after learning he had exposed her to HIV. "I was trying to kill him," the woman told court. "I was going to run him over, put the car into reverse and run him over again to make sure he was dead."

The man escaped unharmed after the woman chased him onto a sidewalk and blew a tire.

The offender is the second HIV-positive man in a week to be convicted in Winnipeg of aggravated sexual assault. On Tuesday, Clato Mabior was convicted of six counts of aggravated sexual assault involving six adolescent and teenage girls.

At trial, the victims testified Mabior plied them with booze and drugs and engaged in repeated acts of unprotected sex without ever disclosing he is HIV-positive.



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