SOMBA K'E/YELLOWKNIFE
An HIV-positive man guilty of sex crimes stood before the court Wednesday and shared his story of sickness, loss and loneliness.
Bobby Kaotalok has been convicted of two counts of aggravated sexual assault for having sex with two women without informing them he is HIV-positive. - NNSL file photo |
Bobby Kaotalok is convicted of having sex with two women without disclosing he is HIV positive.
Born in Yellowknife with most of his early childhood spent in Nunavut, the 27-year-old has been living with HIV since birth when he contracted the infection from his mother. To keep the infection under control, he was put on an antiretroviral drug regimen but he struggled to adhere to it at times, especially in recent years when he was living on the streets.
By the time Kaotalok hit Grade 5 he had lost his father, who drowned in front of his eyes, and his grandmother. His mother also died from her disease, although he did not say when.
Following the death of his grandmother, Kaotalok was taken in by social services and later sent to live with his aunt and uncle in Hay River, he told the court as he wiped tears from his eyes.
He stayed with that part of his family from Grade 5 until Grade 11 when he was kicked out because he had started drinking. From there he felt lost, he said, adding he moved from community to community.
Matters were made worse in 2005 when he lost his left arm in a car accident. At that point it became difficult for him to get work and he ended up in Yellowknife, living on the streets. He would spend his days at the day shelter and his nights at the Salvation Army. For a time, he had a bachelor apartment at Bailey House.
It was while living in the transitional home between October 2009 and March 2010 that Kaotalok had sex with a 17-year-old female friend without informing her he was HIV-positive, according to Crown prosecutor Duane Praught. Kaotalok wore a condom at that time.
In a separate incident, which occurred between December 2010 and May 2011, Kaotalok slept with another female friend following a night of drinking, Praught said. The victim was in a blacked out state for part of the act and it is unknown if Kaotalok wear a condom. The woman was not told that Kaotalok was HIV-positive.
Neither woman has been diagnosed with the infection.
The Crown is proposing Kaotalok serve a 24-month jail sentence on each of the two aggravated sexual assault charges stemming from these incidents. Credit should be given for the time he spent in custody leading up to the trial, said Praught, adding the amount credited should be less for the days following his bail hearing.
Kaotalok was not granted bail and has been in custody since Feb. 24, 2011.
Meanwhile, defence lawyer Thomas Boyd argued his client should be given less jail time than the Crown proposed, although he could not specify a specific amount. He pointed out his client has been well-behaved during his time in jail. The only incidents he has been involved in were prompted by chiding from other inmates, Boyd said.
When given a chance to speak, Kaotalok described the difficulties he's faced throughout his life. He also apologized for putting the two women in harm's way.
"I did not want to put anybody in jeopardy," Kaotalok said. "I feel sad for this."
Supreme Court Justice Louise Charbonneau was not able to come to a decision Wednesday due to the extensive submissions from the Crown. The case has been adjourned to April 22 at 2 p.m.
Meanwhile, Kaotalok faces a third charge of aggravated sexual assault for allegedly having sex with another woman without telling her he was HIV-positive.
He had originally pleaded guilty to the charge but later expressed his desire to change his plea on March 20.
Boyd argued the court should grant his client's request because without a legal education, sometimes it's hard to wade through all the information and fully understand what exactly the charges are that people are admitting to.
Aggravated sexual assault is considered more serious than sexual assault because it can wound, damage or endanger the life of the victim - in this case, exposing them to HIV.
Praught argued the change shouldn't be granted because there had been no change to the agreed statement of facts and there had been lots of time for Kaotalok to fully understand the facts and charges he was facing.
"The preliminary inquiry and two bail reviews were ample opportunity for Mr. Kaotalok to be fully informed," said Praught.
Charbonneau said she had no option but to grant the application based on the evidence and the arguments.
Kaolatok was originally scheduled for sentencing on March 20 but it was delayed when Boyd entered the application for a change in plea.
Charbonneau read the first few pages of the pre-sentencing report, in which Kaotalok stated he told the complainant in the third count of aggravated sexual assault that he had HIV.
"The comments in the pre-sentence report lay real cause for concern," said Charbonneau.
"It's an essential part of the Crown's case and I do not see any other alternative here."
No trial date has been set yet for this matter.
