Woman who hid HIV status from partner could face 5 years in prison

WINNIPEG — A Manitoba woman with HIV convicted of sexual assault could face up to five years behind bars.

Marjorie Schenkels, 27, was convicted by a jury last December for hiding her HIV status from her partner in 2012 near Gimli, Manitoba.

He later became infected.

On Wednesday the prosecutor asked a judge to sentence Schenkels to five years in custody, as well as put her on the sexual offenders registry.

The Crown says Schenkels neglected to tell her partner because she didn’t want to lose friends.

Court heard her doctor counselled her several times on the importance of disclosing her status to any sexual partners. She walked into court Wednesday holding her fiance’s hand.

At one point the judge expressed disappointment in the Crown’s submission telling her none of her arguments for a lengthy jail sentence pertained to suspects with HIV.

The Crown says that is because there are no other similar cases in Canada and asked the judge to make a ruling that this is a major sexual assault without outlining previous examples of this elsewhere.

That’s when the Defence lawyer stood up asking for a suspended sentence saying because there are no other cases like this to compare to, the judge should not sentence his client, instead put her on probation.

“I’m completely mystified,” the judge said who was stunned that the lawyers couldn’t find similar cases.