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CALGARY: HIV positive Sudanese man withheld his health condition from woman he married

Sudan: HIV/AIDS prevalence was 2.6 percent in 2012

KEVIN MARTIN | QMI AGENCY

CALGARY – Passing his HIV virus to his unsuspecting new bride was a criminal act, a judge ruled Friday in finding a Calgary man guilty of aggravated sexual assault.

Provincial court Judge Gord Wong said the man, who can’t be named to protect his victim’s identity, withheld his health condition from the woman.

As a result, Wong said the woman’s consent to sexual contact with him was gained through fraud, making it a crime.

Because the offender put the woman’s life at risk, the offence constituted an aggravated sexual assault – a crime that carries a maximum punishment of 14 years.

The 30-year-old Sudanese native met the victim at a party in May 2011.

Within days of their first contact he began talking to her about marriage and they wed in July, Wong noted.

By October, the woman suspected she was with child and went for a pregnancy test.

“Tests were conducted, which confirmed she was pregnant,” Wong noted.

“Unfortunately, those same tests showed that she had been infected by the HIV virus,” he said.

The offender became infected with the life-threatening illness before coming to Canada in 2004 and learned of his condition a year earlier.

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