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03-Sep-2015 11:06 by 7 Comments

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TORONTO -- An aggravated sexual assault conviction will stand for a man who had unprotected sex with two other men without telling them he was HIV-positive.In a ruling this week, Ontario's top court upheld the December 2012 jury conviction against Steven Boone, who argued the complainants would have had sex with him anyway.

"It is one thing to be careless or reckless about whether a risk exists -- and quite another to assume a known risk," the Appeal Court said in rejecting the argument."Even if the complainants were reckless in their sexual behaviour, whether in the past or at the time of their sexual encounter with the appellant, this has no bearing on the issue whether they would have consented had they known of the appellant's HIV-positive status." Evidence shows Boone knew in October 2009 he was infected -- a fact he failed to mention before the impugned sexual activity in March 2010 in Kitchener.After two sexual rounds, one of which involved a foursome, Boone sent a text to one of the complainants to let him know -- much to his horror -- that he was HIV-positive.Neither complainant, who sought immediate medical attention, contracted the virus that can lead to AIDS.At trial, Boone admitted to the unprotected sex and withholding his health status."We often seek out counselling because we are feeling disconnected from ourselves or from our relationships.

Painful life experiences might leave us feeling stuck, alone or unseen in our struggles.But we are not meant to suffer in silence.""We often seek out counselling because we are feeling disconnected from ourselves or from our relationships.But we are not meant to suffer in silence.""I specialize in working with people grappling with relationship issues in their intimate partnerships.The complainants testified they would not have had sex with him had they known -- the central issue at trial.Before the trial, Boone's lawyer won permission to grill the complainants on their prior sexual conduct -- normally off-limits in cases of sexual assault.Both admitted to regularly having unprotected sex -- including group sex -- with men whose HIV status they did not know, court records show.

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