Nova Scotia’s highest court has overturned the convictions of an HIV-positive former boxer who had sex with two women, saying their consent was not undermined even if he didn’t disclose his status.
Claude Thompson was found guilty of sexual assault causing bodily harm involving two women in December 2011 in Antigonish, N.S., and sentenced to 30 months in jail.
In a written ruling released Thursday, the Appeal Court of Nova Scotia says “the sole issue” in the case was whether any psychological harm caused by non-disclosure of HIV status weakens consent to sexual activity.
The court says it does not — and acquitted Thompson.
It says HIV is no longer lethal, and quotes an expert who says it’s easier to manage than diabetes.
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The three-judge panel’s decision Thursday details the reasons for a ruling handed down Sept. 19