The accused was charged with sexual assault, aggravated assault, and obstructing justice arising from a three-way sexual encounter.
The Crown alleged the accused forced non-consensual sex, failed to disclose his HIV status, and offered a bribe to the complainant.
The court found the sexual encounter was consensual and the bribery allegations were fabricated.
Applying the Mabior framework, the court held that the accused's failure to disclose his HIV status did not vitiate consent because he used a condom and had an undetectably low viral load at the time, meaning there was no realistic possibility of transmission.
The accused was acquitted of all charges.
