The second African migrant to be tried in Winnipeg within days of Clato Mabior has been sentenced to eight years in prison for two counts of HIV exposure. He was given double credit for the 34 months he has already served in pre-sentence custody, reducing his remaining sentence to 28 months before being deported to his birthplace, Zambia.
There had originally been three complainants, all of whom became pregnant with the 35 year-old man's child, although one of the women miscarried. None became HIV-positive following unprotected consensual sex.
One of the women testified she continued to have unprotected sex with him after he told her of his HIV status, and so charges pertaining to this complainant were dropped.
Of the other two, one had tried to kill the man by attempting to run him down with her car. However, rather than be arrested and tried for what appears to be a clear-cut case of attempted murder, this was seen as evidence of the 'harm' the man afflicted upon her.
"I believe I literally slept with the devil," one of the victims told court during an emotional sentencing hearing. "I've become numb to the fact that such a great evil and I could become so intimate. To use sex as a weapon of choice to try and kill people is so inhumane, so out of this world. There is no punishment fit for his crimes."Isn't this an over-reaction? How much of her anger is really at herself for falling in love with the wrong man? Where is the evidence that he used "sex as a weapon" and tried to "kill" her? I wonder if there were no HIV exposure laws in Canada whether the complainants would feel so strongly about this. Of course, the women feel betrayed, angry, whatever, about the fact that he did not disclose his HIV status to them, but where is their sense of shared responsibility for the choices they made about not using condoms (or any method of birth control!)? In the eyes of the law it might not have been an 'informed' choice, but in reality how specifically 'informed' does a person have to be to know that having sex involves risks, including the risk of contracting an STI or becoming pregnant?
The whole sorry mess is reported in the Winnipeg Sun and the Winnipeg Free Press, with a further article from the Winnipeg Free Press about the sentencing hearing a week earlier.
By DEAN PRITCHARD, SUN MEDIA
An HIV-positive Winnipeg man who did not disclose his health status before having unprotected sex with two girlfriends has been sentenced to eight years in prison.
Justice Nate Nurgitz said the 34-year-old Zambian immigrant was well aware he was exposing the victims to grave health risks but chose to ignore them in pursuit of his own sexual pleasure.
At trial, the man--whose identity is protected by a publication ban--claimed he told the women he was HIV-positive and they continued to have unprotected sex with him.
"There is only one rational conclusion one can reach from his evidence: that (his actions) were deliberate... and proceeded in what could be described as a selfish manner, the purpose being the achieving of his own sexual desires," Nurgitz said yesterday.
At an earlier sentencing hearing, Crown attorney Melinda Murray argued the man should be sentenced to four years in prison for each victim, with the sentences to be served consecutively. Defence lawyer Sarah Inness urged Nurgitz to consider a sentence of time served, arguing consecutive sentences would be unduly harsh.
Nurgitz ruled the two sentences should be served consecutively.
"(The offences) involve separate victims and took place at different times," he said. "I have concluded they are individual offences and the sentences ought to be consecutive."
Nurgitz gave the man double credit for the 34 months he has already served in pre-sentence custody, reducing his remaining sentence to 28 months.
The man faces deportation upon completing his sentence.
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.
HIV-positive immigrant gets 8 years for sexual assault35-year-old faces automatic deportation after jail term
Winnipeg Free Press
Friday, August 22, 2008WINNIPEG - An HIV-positive immigrant was sentenced to eight years in prison Friday for exposing two former girlfriends to the potentially deadly virus by failing to warn them about his medical condition.
The 35-year-old man - who can't be named under a court order - is facing automatic deportation back to his native Africa.
However, he won't be kicked out of Canada until after he finishes serving his sentence.
Queen's Bench Justice Nathan Nurgitz gave the man double-time credit for the 34 months he has already served, leaving him with another 28 months behind bars.
The man was convicted earlier this summer of two counts of aggravated sexual assault in one of Manitoba's first cases of its kind.
"This man is a danger to the public, and to women. He deserves condemnation from this court," Crown attorney Melinda Murray said.
"There's no remorse here. He doesn't care that these women may have contracted HIV. He preyed on these women because they loved him and he took advantage of it."
He denied any wrongdoing at trial, taking the witness stand in his own defence and claiming he warned his partners about his illness, but they still elected to have sex with him.
One of his victims was a 17-year-old girl who got pregnant - then tried to run over him with her van after learning the truth about his health.
She eventually miscarried.
The other victim also got pregnant and gave birth to the man's child.
"I believe I literally slept with the devil," one of the victims told court during an emotional sentencing hearing. "I've become numb to the fact that such a great evil and I could become so intimate. To use sex as a weapon of choice to try and kill people is so inhumane, so out of this world. There is no punishment fit for his crimes."
The Crown said the man had been repeatedly warned by medical officials about his responsibilities to any sexual partners. He also lied when confronted by the women about his condition, court said.
In July, another immigrant, a 31-year-old Sudanese man, was also convicted of putting the lives of six young Winnipeg women at risk by hiding his HIV-positive condition and then engaging in unprotected sex. Clato Mabior was convicted on six of nine sexual-assault allegations, plus additional charges of invitation to sexual touching and sexual interference.
Mabior was arrested in early 2006 after an unprecedented public warning by police and the Winnipeg Regional Health Authority that prompted several young women to come forward - many of them teenage runaways.
Victim calls her HIV-infected ex-boyfriend 'the devil'
'To use sex as a weapon of choice to try and kill people is so inhumane, so out of this world.'
Mike McIntyre
Winnipeg Free Press
Wednesday, August 13, 2008
WINNIPEG - Two women fought back tears and bared their souls Wednesday, saying they'll never understand how their former boyfriend put them at risk by failing to disclose he was infected with HIV before engaging in unprotected sex.
"I believe I literally slept with the devil," one of the victims told court during an emotional sentencing hearing.
"I've become numb to the fact that such a great evil and I could become so intimate. To use sex as a weapon of choice to try and kill people is so inhumane, so out of this world. There is no punishment fit for his crimes."
The 35-year-old man - who can't be named under a court order - was convicted earlier this summer of two counts of aggravated sexual assault in one of Manitoba's first cases of its kind.
He will be deported back to Africa. The only question that remains is how soon the man gets on the plane with a one-way ticket.
The man has spent the past 34 months in custody, and is being given double-time credit of 68 months.
His lawyer said that's sufficient punishment, and his client should be sentenced to time already served. The Crown is seeking an additional 28 months behind bars for a sentence, at least on paper, of eight years total. The man wouldn't be deported until his full sentence had been served and any potential appeals finished.
Queen's Bench Justice Nathan Nurgitz has reserved his decision until Aug. 22.
"This man is a danger to the public, and to women. He deserves condemnation from this court," Crown attorney Melinda Murray said.
"There's no remorse here. He doesn't care that these women may have contracted HIV. He preyed on these women because they loved him and he took advantage of it. It's unspeakable betrayal to these women."
The man denied any wrongdoing at trial, taking the witness stand in his own defence and claiming he warned his partners about his illness, but they still elected to have sex with him despite the risk.
One of his victims was a 17-year-old girl who got pregnant - then tried to run over the man with her van after learning the truth about his health. She eventually miscarried.
"Why would someone want to make a child ready to die?" the now-adult victim said in court Wednesday.
The other victim also got pregnant, and gave birth to the man's child. She told court she now has to try to explain to the boy why he doesn't have a father around. And she has struggled with overwhelming guilt about what happened.
"I now realize I have done nothing wrong, other than loving and trusting this man," she said.
The man was originally facing charges related to a third victim who has since tested positive for the virus that causes AIDS.
However, Nurgitz agreed with a defence motion at trial to find there was insufficient evidence to proceed with that charge. The woman admitted under cross-examination to having unprotected sex with the accused, even after she knew he was HIV-positive.
The Crown said Wednesday the man had been warned repeatedly by medical officials about his responsibilities to any sexual partners. He also lied when confronted by the women about his condition.
"This is an accused who went to great lengths to cover up the fact he was HIV positive," Murray said.
"He even had access to free condoms, for godsakes, but the man never bothered. He did what he wanted to do for his own gratification. It was selfish, abhorrent behaviour. He had a callous disregard for the health of his victims."
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