HIV network will intervene in Mabior appeal

A Canadian agency that advocates for the rights of people with HIV will be allowed to intervene in the criminal appeal of a Winnipeg man imprisoned for failing to disclose his condition to his sexual partners.

Justice Alan MacInnes of the Manitoba Court of Appeal has decided the Canadian HIV/AIDS Legal Network can make submissions with respect to Clato Lual Mabior's appeal of his conviction.

Mabior was sentenced in October 2008 to 14 years in prison after being convicted on six counts of aggravated sexual assault as well as invitation to sexual touching and sexual interference.

Mabior, who is HIV-positive, was found guilty of having unprotected sex with six females, including a 12-year-old. None were infected as a result of their contact with him.

Mabior's appeal has been working its way through the system since last November, but a date for oral arguments has not been set.

Mabior, a Sudanese immigrant, also faces deportation.

Court documents show he's basing his appeal mostly on the issue of whether the Crown proved beyond a reasonable doubt that he defrauded his six victims by not telling them he had HIV.

MacInnes's ruling this month indicates the Canadian HIV/AIDS Legal Network wants to address legal and public policy issues. In a recent policy paperpublished on its website, the agency said many aspects of the law in HIV-related cases of sexual assault are unclear and have an impact on people's social welfare.

"Criminal charges distract from the larger task of ensuring comprehensive sexual health information and services for everyone," Alison Symington said in the report."As long as women are dependent on their partners (or on public health or the police) to disclose potential harms to them, women will never be equal or empowered in their relationships."