HIV sex assault conviction upheld in B.C. court

No Warranty

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B.C.'s top court has rejected the appeal of a man who was convicted after having unprotected sex with four women while he was infected with HIV.

Charles Mzite was found guilty of four counts of aggravated sexual assault in 2009 after the consensual sex with the women in Victoria.

Mzite was sentenced to 10 years in prison.

In his appeal, the immigrant from Zimbabwe claimed the verdicts were unreasonable and unsupported by the evidence, and also claimed his charter rights were violated when statements he made to police while in custody were allowed into evidence by the trial judge.

But the B.C. Court of Appeal rejected both arguments, saying Mzite spoke to two different legal aid lawyers while in custody and failed to complain about the advice he got.

The court also says there was lots of evidence to support the trial judge's findings that Mzite knew he was HIV positive at the time he had sex with all four woman between 2001 and 2006 and failed to do anything to protect them from infection.

At least one of the four women involved was infected with HIV following sex with Mzite.
 
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