Ex-CFLer Smith guilty of aggravated sexual assaults in HIV case
Former Roughriders player exposed women to virus, judge says
Last Updated: Thursday, February 8, 2007 | 1:02 PM CT
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Former Saskatchewan Roughrider Trevis Smith is looking at a prison sentence after being convicted Thursday of aggravated sexual assault for having unprotected sex with two women without telling them he has HIV.
Provincial court Judge Kenn Bellerose found the former player guilty on both charges against him, saying the case came down to credibility and he found the victims' stories more believable than Smith's.
Former CFL player Trevis Smith, shown in file photo, has been told by a judge he'll be serving time in prison for having unprotected sex with two women and not telling them he's HIV positive.
Although sentencing has been adjourned for two weeks, Bellerose told Smith he should expect to be sentenced to serve time in a federal penitentiary, which means at least two years.
Smith showed no emotion as Bellerose delivered his two-hour verdict, keeping his eyes glued to the Regina judge the whole time. Later, outside court, his wife Tamika was distraught.
"Very devastated," she said. "I have two small kids. And I have to explain to them daddy's not coming home."
The 30-year-old former linebacker was found to have had unprotected sex with a 26-year-old woman from Surrey, B.C., and a 31-year-old woman from Regina without informing them he had been infected with HIV, the virus that causes AIDS.
Last week, his trial in Regina heard from both women, whose identities are protected by a publication ban.
Smith tested positive for HIV in November 2003, the court was told.
Both women said he had sex with them after that date without disclosing the information. He was charged once in October 2005, and again several weeks later.
The women also said that while he used condoms earlier in their relationships, at other times there was no protection.
Neither woman is HIV positive, the court was told.
Admitted to outside relationships
The married father of two admitted carrying on relationships with several women, but insisted he always used condoms after he learned he had the virus.
Smith denied he had a sexual relationship with the woman from Regina, but admitted he was involved with the B.C. woman.
Among the defence witnesses who testified was his wife Tamika, who said her marriage had been "rough" and described an angry confrontation with the B.C. woman after learning of her relationship with her husband.
His defence lawyers questioned the complainants' credibility, and said while Smith had relationships with a number of women, he's not a criminal.
The Crown prosecutor said it was Smith's story that wasn't credible and there was enough evidence to convict him on both counts.
Bellerose said he was satisfied with the evidence that Smith had sex with both women and didn't disclose his HIV.
Smith played with the Roughriders for seven seasons. His contract wasn't renewed in 2006.
Under the charges for which Smith was convicted, there is no minimum sentence. Maximum sentence under the Criminal Code is life.
Bellerose rejected a defence request for a pre-sentence report, which could potentially look at whether Smith is a suitable candidate for a non-jail sentence.
Smith has been remanded in custody until the sentencing.
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Former CFL player Trevis Smith, shown in file photo, has been told by a judge he'll be serving time in prison for having unprotected sex with two women and not telling them he's HIV positive. 
