Twice convicted man not guilty of attempted murder
CBC News
Posted: Jan 3, 2013 11:25 AM ET
Last Updated: Jan 3, 2013 1:08 PM ET
An Ottawa man twice convicted of trying to infect sex partners with HIV has been found not guilty of similar charges involving a developmentally delayed man.
Steven Boone was facing five charges after having sex with a disabled man who was 21 at the time. The charges included attempted murder and aggravated sexual assault.
On Thursday, Boone was found not guilty of four charges, including attempted murder. He was found guilty, however, of failing to comply with a probation order.
In her decision, Superior Court Justice Bonnie Warkentin said that while there was evidence Boone intended to "breed" the victim with HIV, the Crown couldn't prove that attempted sex occurred between them beyond a resonable doubt.
Warkentin also said the victim's testimony was "confusing" and often changed.
On Oct. 31, Boone was found guilty of three counts of attempted murder and three counts of aggravated sexual assault after failing to disclose his HIV-positive status to sex partners in Ottawa. The 31-year-old was also found guilty of two counts of administering a noxious substance — his semen — and one count of attempting to do so.
He was acquitted of two counts of aggravated sexual assault relating to oral sex with two men.
Boone will be back in court for a sentencing hearing on April 5, pending a 60-day assessment that will help the Crown decide whether or not to pursue a dangerous offender designation.
On Dec. 19 in Kitchener-Waterloo court, Boone was convicted of two counts of aggravated sexual assault. A sentencing date is expected to be set on Jan. 25.
The first charges were laid against Boone in 2010 after a then-17-year-old Ottawa man came forward to police. He had tested positive for HIV after having unprotected sex with Boone several times, and he said Boone never told him he had the disease.
Ottawa police then released Boone's photo in a media release asking any other potential victims to come forward.
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