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.
Charged With Aggravated Sexual Assault
Unprotected Sex Without Disclosing He Was HIV Positive
Public Safety Alert
Man charged in Aggravated Sexual Assault,
Dwane Robert Koltchigin, 40
The Toronto Police Service would like to make the public aware of an arrest in an Aggravated Sexual Assault investigation.
It is alleged that:
− on Monday, April 30, 2012, a man was arrested on an unrelated matter
− during the investigation, it was alleged that he knowingly had unprotected sex without disclosing that he was HIV positive
Dwane Robert Koltchigin, 40, a.k.a. Tre or Tre Cold, has been charged with:
1) Aggravated Sexual Assault
He was scheduled to appear in court at College Park, on Tuesday, May 1, 2012.
Police believe there may be other victims.
An HIV positive man who knowingly spread the virus to four women has complained his human rights have been violated because the jail where he is held has made errors in his medication.
Charles Mzite, of Vancouver, had sex with four women and failed to tell them he had HIV. In some cases he lied and told them he didn’t have the virus.
He was convicted of aggravated sexual assaulted by a B.C. Supreme Court judge in March 2009, eight years after he moved to Canada from Zimbabwe. At least one of the women is now HIV positive.
Mzite has since launched a complaint with the British Columbia Human Rights Tribunal, claiming his treatment regime was interrupted 36 times while he was at the Vancouver Island Regional Correctional Centre.
He was moved to a federal institution after being convicted and sentenced to 10 years in prison.
During his time in remand starting in September 2007, Mzite claims there were numerous interruptions in his treatment, despite protests from his doctor and lawyer that he was on a strict regime.
TORONTO - An HIV-positive Toronto man who endangered his mistress’ life through unprotected sex was sentenced to two years less a day in prison.
“Gregory Thomas repeatedly engaged in unprotected intercourse with the victim after he learned that he was infected … and he failed to do so notwithstanding that he was himself undergoing treatment for the infection,” Justice Ian MacDonnell said Tuesday.
Thomas started a five-year relationship in 2002 with the victim, who developed full-blown AIDS, and they had a daughter — now 8 — together.
The 51-year-old bicycle mechanic was convicted of attempted aggravated sexual assault between March 7, 2006 and June 9, 2007.
In March 2006, Thomas tested positive for HIV as part of his physical examination for immigration.
HIV-positive patient Holy Moyo relaxes during an appointment at St. Paul’s Hospital. ‘As you can see, I’m doing very well, thank you,’ said Moyo, who is taking anti-retroviral drugs in Vancouver after suffering with very limited health care services in Zimbabwe.
Photograph by: Jenelle Schneider, PNG, Vancouver Sun
Holy Moyo would most certainly have been dead a long time ago had Canada not offered him a place to call home.
Three years ago, the 46-year-old HIV-positive man was accepted as a refugee from Zimbabwe, a country with almost no HIV treatment and where life expectancy is only 48.