A man who had unprotected sex with his girlfriend without telling her he was HIV-positive was found guilty of aggravated sexual assault yesterday in Nova Scotia Supreme Court.
Blaine Arthur Holland, 36, was diagnosed with HIV in 1995. He testified he told his girlfriend about his condition when they started dating back in March of 2005. But the girlfriend, who cannot be named, said he didn’t tell her until a year later, after they had had sex over 100 times. She did not contract HIV.
Justice Arthur Pickup found Holland guilty after noting contradictions in his testimony — Holland initially said he disclosed his HIV status before the relationship got serious, then later said he revealed it before the relationship began.
Pickup also said Holland’s testimony was too far-fetched.
“It defies common sense that Mr. Holland would tell (the victim) in March 2005 about his HIV-positive status, yet she would engage in unprotected sex and not be tested until March of 2006,” said Justice Pickup while rendering his decision.