SOMBA K'E/YELLOWKNIFE
An HIV-positive man convicted of having sex with two women without disclosing his medical status was sentenced to three and a half years in prison Monday in Supreme Court.
It's tragic that Bobby Kaotalok was infected with HIV at birth but that did not give him the right to take control away from these two women, said Justice Louise Charbonneau.
"He showed callous indifference and ruthless disregard for their well being," she said.
The first incident in question happened between October 2009 and March 2010 when Kaotalok and a 17-year-old female friend went back to his place at Bailey House and had sex. Kaotalok wore a condom yet did not disclose his HIV status to the woman.
In a separate incident, which occurred between December 2010 and May 2011, Kaotalok had intercourse with another female following a night of heavy drinking. He did not inform the victim, who was in a blacked-out state for part of the act, of his HIV status and it is unknown if he wore a condom.
Neither women were diagnosed with the infection.
Crown prosecutor Duane Praught previously argued that the accused should serve a 24-month jail sentence on each of the two aggravated sexual assault charges stemming from these incidents.
Defence lawyer Thomas Boyd suggested his client should be given less jail time.
In making her decision, Charbonneau considered many elements including harm to the victims, the need to express society's disapproval and the importance of fostering the rehabilitation of the offender.
She also looked at the accused's personal circumstances, which were laid out in a pre-sentence report.
The 27-year-old has lived a rough life. He contracted HIV from his mother at birth and was put on an antiretroviral drug regimen to keep the infection under control. By the time Kaotalok hit Grade 5 he had lost his mother, father and grandmother. Growing up he struggled with behavioural issues and in 2005 he got in a car accident, which left him without a left arm. Shortly after that he moved to Yellowknife where his issues with drugs and alcohol dictated his life.
Kaotalok has made sporadic efforts to gain control over his addictions and has been more diligent about getting help since he's been in custody. Still, unless he can completely kick his bad habits, his chances of rehabilitation are slim to none, said Charbonneau, adding she thinks he is a bright person capable of insight with capacity to change if he wants to.
"He is the only one who can do this," she said.
In other cases similar to Kaotalok's the accused were given jail sentences of between one and 18 years, depending on the situation. An aggravating factor is that there are two victims, the judge said. Also, Kaotalok was somewhat in a position of trust, has a criminal record and wasn't taking his medication regularly at the time of the incidents.
Credit was given to Kaotalok for pleading guilty and he was sentenced to 21 months in jail for each conviction.
Kaotalok is expected back in court May 27 to speak to a third aggravated sexual assault charge.
