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HIV case in court

The case of an HIV-positive man accused of having sex with another man without disclosing his HIV status began its preliminary hearing in BC provincial court, Sep 10.

The accused was originally charged with two counts of aggravated sexual assault, but Crown prosecutor Daniel Porte stayed the second count before the hearing began.

All evidence presented at the preliminary hearing is banned from publication by law.

The preliminary hearing is scheduled to continue until Sep 24, at which time Judge Jane Godfrey will decide if the Crown has presented sufficient evidence to proceed to trial.

According to Canadian law, it is illegal for HIV-positive people to have sex without disclosing their HIV status if there’s a significant risk of transmitting the illness. Failure to disclose in such circumstances can result in a conviction of aggravated sexual assault.