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Wrongly Convicted Database Record
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Charge: |
Sexual Assault (includes aggravated) |
Sentence: |
30 months & lifetime sex offender registration |
Years Imprisoned: |
1.5 |
Year Crime: |
2011 |
Year Convicted: |
2016 |
Year Cleared: |
2018 |
U.S. State or Country of Crime: |
Canada |
County or Region of Crime: |
Nova Scotia |
City of Crime: |
Halifax |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Claude Allan Thompson was wrongly convicted on May 24, 2016 of sexual assault causing bodily harm for the psychological harm he caused two women he had sex with for failing to disclose he was HIV positive, in Halifax, Nova Scotia, Canada. Claude Thompson was diagnosed as HIV-positive in December 2009. He had been on anti-retroviral (“ARV”) treatment, but it is known from a voicemail message he left for his Ontario doctor on November 2, 2011 that his anti-retrovirals had been stolen, and he was not given a new prescription until December 13, 2011. Claude Thompson had sex with two women identified as H.R.H. and M.A.M., who knew each other. H.R.H. specifically asked Thompson if he had HIV, and he told her no. Neither did he disclose to M.A.M. that he was HIV positive. He had sex with H.R.H. in late November or early December which was prior to him getting a new ARV treatment prescription. He had sex with M.A.M. in December 2011 on a date that could have been before he refilled his prescription. Thompson used a condom with H.R.H. but he did not not use a condom with M.A.M. After they discovered that Thompson was HIV positive the women filed a police complaint. They both underwent testing to determine if they had been infected with HIV by Thompson. Thompson was charged with two counts of aggravated sexual assault causing bodily harm. During his trial there was expert medical testimony about the seriousness of being HIV positive, that it can have a significant impact on a person's health and well-being, and that it can be transmitted through sexual intercourse. There was also expert testimony regarding Thompson's "viral load" -- but it whatever it was Thompson didn't know what it was. Both women testified about the severe psychological trauma they endured after finding Thompson was HIV positive and their need to have testing to determine if he had infected them. The prosecution argued that the psychological trauma the women endured constituted "bodily harm" under the law. The prosecution also argued that the consent of the two women was vitiated due to Thompson's fraud and deceit by his knowing non-disclosure of his HIV-positive status. After his conviction following a bench trial, on September 22, 2016 Claude Thompson was sentenced to 30 months in prison for both counts to be served concurrently, he must provide a DNA sample, and he must register as a sex offender for life. Thompson appealed. In Septmeber 2017 a panel of the Nova Scotia Court of Appeal orally ruled after a hearing that the prosecution failed to prove Thompson's guilt beyond a reasonable doubt because his failure to disclose his HIV positive statuts didn't constitute bodily harm. On February 14, 2018 the Nova Scotia Court of Appeal issued its written ruling that quashed Thomson's convictions and ordered the acquittal. Justice Duncan Beveridge wrote the court's ruling that stated: "“The sole issue in this case is whether psychological harm said to have been caused by non-disclosure of HIV status (spoils) consent to sexual activity. The short answer is no, it does not." Justice Beveridge also wrote: "The complainants fully consented to the sexual activity. The sole path to vitiate their consent due to fraud is by proof of deceit and deprivation. Deceit is made out by knowing non-disclosure of HIV-positive status; deprivation, by actual harm (by transmission of the virus) or exposing the complainants to realistic possibility of HIV transmission. The trial judge found that the circumstances here negated a realistic possibility. Psychological harm in the absence of a realistic possibility of HIV transmission cannot vitiate consent. Because the Crown cannot negate consent, convictions for any lesser and included assault offence is simply not available. The convictions were quashed and acquittals entered." (R. v Thompson, 2018 NSCA 13 (Nova Scotia Ct. of Appeal, 2-15-2018-02))" |
Conviction Caused By: |
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Innocence Proved By: |
"On February 14, 2018 the Nova Scotia Court of Appeal issued its written ruling that quashed Thomson's convictions and ordered the acquittal. Justice Duncan Beveridge wrote the court's ruling that stated: "“The sole issue in this case is whether psychological harm said to have been caused by non-disclosure of HIV status (spoils) consent to sexual activity. The short answer is no, it does not." Justice Beveridge also wrote: "The complainants fully consented to the sexual activity. The sole path to vitiate their consent due to fraud is by proof of deceit and deprivation. Deceit is made out by knowing non-disclosure of HIV-positive status; deprivation, by actual harm (by transmission of the virus) or exposing the complainants to realistic possibility of HIV transmission. The trial judge found that the circumstances here negated a realistic possibility. Psychological harm in the absence of a realistic possibility of HIV transmission cannot vitiate consent. Because the Crown cannot negate consent, convictions for any lesser and included assault offence is simply not available. The convictions were quashed and acquittals entered." (R. v Thompson, 2018 NSCA 13 (Nova Scotia Ct. of Appeal, 2-15-2018-02))" |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
44 |
Age When Released: |
45 |
Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"R. v Thompson, 2018 NSCA 13 (Nova Scotia Ct. of Appeal, 2-15-2018-02) (Setting aside Claude Thompson's conviction and ordering his acquittal.)" |
Information Location 1: |
https://www.canlii.org/en/ns/nsca/doc/2018/2018nsca13/2018nsca13.html |
Information Source 2: |
"Appeal Court overturns HIV-positive man’s convictions, By Steve Bruce, The Chronicle Herald (Halifax, N.S.), February 15, 2018" |
Information Location 2: |
http://thechronicleherald.ca/novascotia/1546058-appeal-court-overturns-hiv-positive-man%E2%80%99s-convictions |
Information Source 3: |
"R v. Thompson, 2016 NSSC 134 (Claude Thompson found guilty on May 24, 2016 of two counts of sexual assault by bodily harm.)" |
Information Location 3: |
https://decisions.courts.ns.ca/nsc/nssc/en/item/145610/index.do?r=AAAAAQAVQ2xhdWRlIEFsbGFuIFRob21wc29uAQ |
Information Source 4: |
"R v. Thompson, 2016 NSSC 257 (Claude Thompson was sentenced on September 22, 2016 to 30 months in prison for both counts to be served concurrently, he must provide a DNA sample, and he must register as a sex offender for life.)" |
Information Location 4: |
https://decisions.courts.ns.ca/nsc/nssc/en/item/181330/index.do?r=AAAAAQAVQ2xhdWRlIEFsbGFuIFRob21wc29uAQ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org