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Man didn't tell partners of HIV

By DEAN PRITCHARD, SUN MEDIA

HIV-positive Clato Mabior, seen taken into custody in 2006, was convicted of sexual assault. (JASON HALSTEAD/SUN MEDIA FILES)

A Winnipeg man who hid the fact he was HIV-positive from his young sex partners has been convicted of six counts of aggravated sexual assault.
Justice Joan McKelvey convicted Clato Mabior, 31, yesterday of two additional counts of sexual touching and sexual interference. McKelvey acquitted Mabior of three additional counts of aggravated sexual assault involving three different victims.
At trial, the victims -- one as young as 12 years of age -- testified Mabior plied them with booze and drugs and engaged in repeated acts of unprotected sex without ever disclosing he was HIV-positive.
"He knowingly withheld that information from his sexual partners on the basis that in all likelihood they would not have engaged in sexual contact with him," said McKelvey in a written decision released yesterday. McKelvey called Mabior a sexual predator who preyed upon young, vulnerable victims.

VIRAL LOAD

"The accused's conduct was deplorable and despicable in all of the circumstances and must be condemned in the strongest possible terms," McKelvey said.
At trial, defence lawyer Chris McCoy argued that in many instances, Mabior's viral load was so low he was incapable of passing on the HIV virus.
No matter the risk, Mabior had a duty to disclose his health status, McKelvey said.
"Those that are infected with HIV cannot inappropriately and indiscriminately engage in sexual relationships for their own pleasure without regard to the consequences of others," she said. No date for sentencing has been set. The Crown is expected to seek a lengthy penitentiary sentence. Mabior, a Sudanese refugee, is likely to face certain deportation upon completing his sentence.

http://www.winnipegsun.com/News/Winnipeg/2008/07/16/6168951-sun.html
 
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