Nova Scotia

Claude Thompson convicted after failing to disclose HIV-positive status to woman

A Nova Scotia man has been convicted of sexual assault causing bodily harm for having unprotected sex with a woman and failing to tell her he was HIV-positive.

Thompson convicted of sex assault causing bodily harm for unprotected sex

A Nova Scotia man has been convicted of sexual assault causing bodily harm for having unprotected sex with a woman and failing to tell her he was HIV-positive.

Claude Allan Thompson was charged with sexual assault causing bodily harm involving two women, and was found guilty in both cases.

The charges stemmed from sexual activity he engaged in with the women in December 2011.

The women, who are identified by the initials H.R.H. and M.A.M. in a court decision, knew one another and met Thompson shortly before the sexual encounters.

One woman, H.R.H., testified that she asked Thompson whether he had AIDS. She said he told her he didn't and she agreed to have sex, providing he used a condom. Because he used a condom, Justice Suzanne Hood of the Supreme Court of Nova Scotia ruled that - based on the expert medical evidence she heard at the trial -- there was no possibility Thompson could transmit HIV to H.R.H. So, the judge acquitted Thompson of the charge of aggravated sexual assault involving that woman.

But Hood found Thompson failed to tell the second woman, M.A.M., about his HIV-status and had unprotected sex with her.

Inconsistent testimony

"I cannot conclude that Claude Thompson is a credible witness," Hood wrote in a decision released Thursday. "His evidence was full of inconsistencies and he admitted that, because of boxing injuries, his memory is not good."

The women did not learn of the situation until they were contacted by RCMP.

"M.A.M. testified she had one year of testing for HIV," Hood wrote. "She said it was stressful and she had a fear of the unknown, that is whether she had contracted HIV."

Hood ruled that even though the woman initially consented to sex, the consent was spoiled by fraud when Thompson failed to disclose his HIV-status.

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