Sunday, January 21, 2007

4 years pen time for a man who knowingly spreading HIV

Shortly after my mutant teenage moral pigmies post I found this Toronto Star article:
A 30-year-old man who had repeated unprotected sex with two women while knowing but not telling them that he had the virus that causes AIDS was sentenced to four years and eight months in prison by a Toronto judge yesterday.

Vincent Walkem, head bowed, listened quietly as Justice Arthur Gans described his behaviour as "wanton, reckless and self-indulgent" for ignoring an order from health officials to warn his sexual partners that he had HIV. He had earlier pleaded guilty to two counts of aggravated sexual assault.
(..)
Walkem's lawyer, Graham Clark, had asked the judge for a sentence of two years less a day. Prosecutor Mary Humphrey said Walkem should be jailed for six to eight years. Walkem blew his parents a kiss before he was led away in handcuffs by two guards who were both wearing plastic gloves, one of them carrying Walkem's medication for the virus.

Before giving his decision, Gans wanted – and received – assurances from Humphrey and a court officer that Walkem would get his medication while being transferred to a federal prison to serve his sentence. During the hearing, the court heard he had been taking his treatments when he had unprotected sex with the two women in 2002 and 2004.

He had taken the stand during the hearing, at one point describing himself as "extremely selfish" but not "a monster" for ignoring orders from health officials. He said he had "no excuse" for his actions.
On the upside, a charge of aggravated assault finally results in conviction. And thank the heavens - the judge is not a teenager. Though, if I had been the Crown, I would have been pressing for a charge of attempted murder and not aggravated assault. On the downside, the defendant perceives his actions as only being ‘extremely selfish’ and not monstrous. Evil is as evil does.

3 comments:

Michael said...

I am glad he got the conviction he deserved, but 4 years, 8 months won't cut it. He's a killer, and his weapon happens to be infected semen. He should have been tried for assault with a deadly, at the least, and probably attempted murder.

When he gets out, what will prevent his recidivism? With current HIV treatments, he may still be relatively healthy in 5 years. Should this guy be put on Depo Provera, to prevent sexual activity, as a condition of parole?

The moral questions are enormous, and lead into a maze...

Michael said...

Kate:
I agree with you that the prosecution should have pushed for attempted murder; at the very least, assault with a deadly weapon (with the virus as the weapon). 4 years and 8 months is simply not enough punishment, nor is it adequate protection for society.

This guy might still be relatively healthy in 5 years, and what will prevent recidivism? Should he be kept on Depo Provera, to prevent sexual activity?

The moral dilemmas in this case have only just begun.

K. Shoshana said...

The Last Amazon's comment was well isn't that just great - now he can infect the entire prison population. The really sad part is how he sees his actions as merely selfish, abet extremely but not evil.