Steven Gauthier was convicted in BC Supreme Court in New Westminster on Feb. 5, 2020 of aggravated sexual assault for having sex with a woman while HIV positive and not informing her of his infection. (Facebook)

Chilliwack man convicted after failing to disclose HIV-positive status to partner

Steven Gauthier convicted in BC Supreme Court after he did not disclose status to sexual partner

A Chilliwack man was convicted of aggravated sexual assault in BC Supreme Court on Wednesday for repeatedly having sex with a woman while infected with HIV without her knowing about his HIV status.

Steven Stewart Gauthier was convicted by Justice Martha Devlin in New Westminster of one count of aggravated sexual assault under section 273 of the Criminal Code. Aggravated sexual assault is defined as sexual assault that “wounds, maims, disfigures or endangers the life of the complainant.”

Consensual sex with a person who does not disclose their HIV status meets the test of endangering the life of the complainant, and the consent is vitiated – rendered legally invalid – because of the non-disclosure.

The now 58-year-old Gauthier was in a relationship with R.G., the complainant who cannot be named due to a publication ban. Starting in late summer 2016, the two began engaging in sexual activity, according to evidence presented in BC Supreme Court in New Westminster by Crown counsel John Lester.

R.G. was tested for HIV in November of 2016 and was negative. She was then certified under the Mental Health Act in late January 2017 for about a month. It was early in that stay at an institution that a blood test was done, and she was deemed to be HIV positive.

Crown called numerous doctors as witnesses, some who explained the way HIV is transmitted and when it is detected in a test after transmission.

There were also allegations by R.G. that the sex itself did get physically rougher and rougher leading to further charges of sexual assault and assault, but Gauthier was acquitted of those charges because of the credibility of the complainant’s testimony due to her mental state.

Gauthier argued that R.G. was aware of his HIV status, but he was not deemed credible, at least in part because when the victim found out she too was HIV positive, she thought it was a death sentence.

Lester said, and the court accepted, that this was not the response of someone who was consensually having sex with an HIV-positive person.

Contracting HIV in such a case is not even necessary for a conviction of aggravated sexual assault, rather a “realistic possibility” of transmission is enough.

An oft-cited case of R v Mabior from the Supreme Court of Canada involved a man who had sex with nine complainants while HIV positive and while failing to disclose. In convincing Mabior, the court revisited a test from a 1989 decision, R v Cuerrier that found “A person may be found guilty of aggravated sexual assault under sec. 273 of the Criminal Code if he fails to disclose HIV-positive status before intercourse and there is a realistic possibility that HIV will be transmitted.”

Justice Devlin convicted Gauthier in court on Feb. 5, 2020. He remains out of custody, and a sentencing date is set for April 3 in BC Supreme Court in New Westminster.

The case calls to mind that of former Chilliwack and Abbotsford resident Brian Carlisle who was charged with aggravated sexual assault in a dozen cases for having sex with women while HIV-positive.

In 2018 all charges against Carlisle were dropped, and last August he filed a lawsuit against the province of B.C. and 10 members of the Mission RCMP.

• READ MORE: B.C. man facing nine more aggravated sexual assault charges: Mission RCMP

• READ MORE: Man at centre of dropped HIV-disclosure case sues province and 10 cops

Gauthier was in the news already this week as the owner of a dog accused of attacking multiple people in the Columbia Valley.

• READ MORE: Chililwack neighbourhood terrified after dog attacks at least seven people


Do you have something to add to this story, or something else we should report on? Email:
paul.henderson@theprogress.com

@PeeJayAitch
Like us on Facebook and follow us on Twitter.

Court

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Over 5 million of funding announced for Nuxalk Big House and CCRD parks project

The funding is joint federal, provincial and municipal and will support 24 infrastructure projects

DFO Monitors keeping watch as commercial fishery opens up

Volunteer DFO Monitors have been onsite to ensure requirements are met

Cariboo waterways swell as special weather statement, rain continues Thursday July 2

Quesnel River at Likely and Quesnel Lake seeing 20 to 50 year events

QUIZ: Put your knowledge of Canada to the test

How much do you know about our country?

Commercial fishery closed tonight due to local concerns

The fishery was supposed to open tonight

B.C. accommodators need phone lines to light up as in-province travel given green light

Travel restrictions during the COVID-19 pandemic have decimated the tourism and hospitality industries

300 Cache Creek residents on evacuation alert due to flood risk as river rises

Heavy rainfall on Canada Day has river rising steadily, threatening 175 properties

First glimpse of Canada’s true COVID-19 infection rate expected mid-July

At least 105,000 Canadians have tested positive for COVID-19 since the coronavirus was identified

Police ramp up efforts to get impaired drivers off B.C. roads this summer

July is dedicated to the Summer CounterAttack Impaired Driving Campaign

Migrant workers stage multi-city action for full status amid COVID-19 risks

‘COVID-19 has exacerbated an existing crisis’

Okanagan school drops ‘Rebels’ sports team name, citing links with U.S. Civil War

Name and formerly-used images “fly in the face” of the district’s human rights policy, says board chair

PHOTOS: B.C.’s top doc picks up personalized Fluevog shoes, tours mural exhibition

Murals of Gratitude exhibit includes at least one portrait of Henry alongside paintings of health-care workers

In troubled times: Independence Day in a land of confusion

Buffeted by invisible forces and just plain worn out, the United States of America celebrates its 244th birthday

Stop enforcing sex work laws during COVID-19, advocates say

There are provisions in Canada’s prostitution laws that make workers immune from prosecution, but not from arrest

Most Read