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Wednesday 23 July 2008

Canada: Another Ontario man pleads guilty to HIV exposure

Yet another prosecution for HIV exposure (attempted aggravated sexual assault) in Ontario, this time in St Catharines, near Niagara.

The 34 year-old man, who was diagnosed with HIV in the Eighties (i.e. during his childhood), had pleaded guilty in April to two counts of attempted aggravated sexual assault after being arrested in December 2005 "following a complaint from a woman who claimed her sexual partner didn’t tell her he was HIV-positive. A second charge was laid later that month involving another complainant."

Last week, when he was due to be sentenced, the judge was not available. Nevertheless, he asked to placed in custody because, according to his lawyer, he had "set his mind to it."

He will be sentenced on September 11th.

Article from The St Catharine's Standard, below.

Sentencing postponed for man who didn't tell partners he was HIV-positive

Green opts for custody until Sept. 11 hearing

By Karena Walter, The St. Catharines Standard

The first person in Niagara to be charged criminally for failing to tell a sexual partner he was HIV-positive will be sentenced this fall.

Patrick Green, 34, was scheduled to be sentenced in Superior Court on Tuesday, but presiding Judge Donald Taliano was not available.

The St. Catharines man pleaded guilty on April 25 to two counts of attempted aggravated sexual assault on two St. Catharines women.

Green voluntarily put himself into custody on Tuesday.

His lawyer, Peter Barr, told fill-in Judge Joseph Quinn that his client requested his judicial release order be cancelled.

Green was anticipating custody and “set his mind to it,” Barr said.

Assistant Crown attorney Rick Monette said he had no objection. Green removed his tie and went with officers to the holding cells.

The sentencing hearing was adjourned to Sept. 11.

Green was arrested by police in December 2005 following a complaint from a woman who claimed her sexual partner didn’t tell her he was HIV-positive. A second charge was laid later that month involving another complainant.

A hemophiliac, Green was given a tainted blood transfusion in the 1980s.

He was diagnosed as being HIV-positive years before he had sex with the women, whose identities are protected under a publication ban.



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