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HIV-positive B.C. man convicted of sexual assault

Old 12-23-05, 03:42 AM
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HIV-positive B.C. man convicted of sexual assault

http://www.cbc.ca/story/canada/natio...ial051214.html

HIV-positive B.C. man convicted of sexual assault

Last Updated Wed, 14 Dec 2005 07:14:19 EST

CBC News

A British Columbia man has been found guilty of aggravated sexual assault for having unprotected sex while he was HIV positive, and not telling his partners about his condition.

Adrien Nduwayo, 36, was convicted after he had unprotected sex with six women between 2000 and 2003.

HIV can cause AIDS. Three of the women are HIV positive, prosecutor Andrew MacDonald said.

A jury in New Westminster, B.C., convicted Nduwayo of five counts of aggravated sexual assault, one of attempted aggravated sexual assault and one of sexual assault.

"The decision sends a message that in respect to people who are infected with the HIV virus, that it is an aggravated sexual assault for them to have unprotected sexual intercourse with a woman without disclosing or with a man for that matter without disclosing the fact that they are HIV positive," MacDonald said.

A Newfoundland woman was recently sentenced to house arrest for aggravated sexual assault in Ontario. She also was HIV positive and had unprotected sex.

Nduwayo argued that the women were willing partners and he had used a condom, his lawyer, Paul McMurray, said.

The three women who are HIV positive said Nduwayo did not tell them he was HIV positive and he did not use a condom.

No date has been set for sentencing.
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Old 12-23-05, 08:29 AM
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I suppose not if the partners consented to sexual participation and since there's many other STDs that can fall under this category.


Can't remember what that hooker lady in Italy was charged with.
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Old 12-23-05, 08:57 AM
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Hard to say for the reason Ranger gave. One can argue that a sexual partner assumes the risk when no protection is used.

If this were to be illegal, I would at least prefer to see a more specific law dealing with it rather than having it fall under a general 'sexual assault' statute.
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Old 12-23-05, 09:03 AM
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What kind of penalties would be necessary to create an appropriate deterrent to this kind of behavior? The assaulter is already screwed since he has HIV. Moreover you could make the case that he might have an easier time in prison since the other inmates would be presumably loath to either physically or sexually assault someone that is HIV positive.
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Old 12-23-05, 09:04 AM
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Originally Posted by Fokker's Feint
What kind of penalties would be necessary to create an appropriate deterrent to this kind of behavior? The assaulter is already screwed since he has HIV. Moreover you could make the case that he might have an easier time in prison since the other inmates would be presumably loath to either physically or sexually assault someone that is HIV positive.


Just because you have HIV doesn't mean you are screwed. Look at Magic Johnson.
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Old 12-23-05, 09:19 AM
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True but most HIV positive people don't have his deep pockets. I'm sure his treatment costs have been pricey to say the least.

In that vein (and hopefully this doesn't derail the original topic too much) what can an HIV-positive person with typical health insurance hope for in terms of treatment and lifespan?
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Old 12-23-05, 04:15 PM
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he'll infect more people in prison than he would out
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Old 12-23-05, 05:09 PM
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I thought this thread was about a recently discovered caveman (B.C. man) that somehow became HIV-positive and was convicted of sexual assult. That's all I got.
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Old 12-31-05, 10:11 PM
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Now how about this case? I say this guy definitely belongs in jail.

Richard J. Schmidt, 57, was convicted of attempted second-degree murder in 1998 in a case that attracted international media attention. He was accused of injecting nurse Janice Trahan Allen with the virus in 1994 after she ended a long-term extramarital affair with the doctor.

Prosecutors said the shot, allegedly given under the guise of a B-12 vitamin injection, was filled with blood drawn from two of Schmidt's patients -- one with AIDS and another with hepatitis C.
http://www.2theadvocate.com/stories/...nject001.shtml
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Old 12-31-05, 10:19 PM
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Originally Posted by Ranger
Now how about this case? I say this guy definitely belongs in jail.


http://www.2theadvocate.com/stories/...nject001.shtml
Kill him... bring him back to life... and then kill him again.

Repeat as necessary.
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Old 12-31-05, 11:18 PM
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I think he should, def. Sick.
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Old 01-01-06, 10:54 AM
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Stop giving him anti-viral medications and let him die of AIDS.
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Old 01-01-06, 10:54 AM
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Originally Posted by Ranger
Now how about this case? I say this guy definitely belongs in jail.


http://www.2theadvocate.com/stories/...nject001.shtml
Yes. He belongs in jail.
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