Former Saskatchewan Roughriders linebacker Trevis Smith has been found guilty of two counts of aggravated sexual assault
CanWest News Service:
Smith, 30, was charged with having unprotected sex with two women — a 26-year old from Surrey, B.C, and a 31-year-old from Regina — without telling them he's HIV positive. Neither woman has tested positive for HIV.
The decision was delivered six days after the trial itself ended. During the trial, the women testified Smith had unprotected sex with them without admitting he had HIV.
Smith denied having sex with the Regina woman and testified he told the B.C. woman he had HIV. He also contended that he always used a condom with the B.C. woman after telling her he had HIV.
Provincial court Judge Kenn Bellerose said the women's stories were more credible than Smith and that he believed the former football player did not disclose his illness.
The two sides are preparing for sentencing arguments in two weeks. Until that time, Smith will remain in custody.
A guilty verdict on two counts of aggravated sexual assault would likely mean jail time, said Richard Elliott, deputy director of the Canadian HIV/AIDS Legal Network.
Sentences have ranged from a couple of years in jail to a 15-year sentence for a B.C. man who had six victims and infected three.
The maximum sentence in the Criminal Code for aggravated sexual assault is life in prison.
Although the type of charge varies, the Canadian justice system has dealt with about 40 cases similar to Smith's, he said.
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