Zach LarkinsTWO TIERED JUSTICE
Rarely, if ever, does such an opportunity come along. Two different, yet similar, stories printed the same day by different authors, yet both are under the corporate umbrella of the same media outlet, The Sun newspapers. Far be it for me to cry discrimination here, I will leave that to you. I intend to present two cases and it will be up to you to make up your own mind.
CASE 1
Trevis Smith is an ex-linebacker from the CFL. He used to play with the Saskatchewan Roughriders. Trevis Smith is HIV positive. He apparently knows he is HIV positive. He shamelessly slept around on his wife, counting on his star status to win the adoration of women. And what athlete doesn't count on that as one of their perks? But women are wont to chase athletes down on a regular basis. The guys have their pick of sexual playthings on a platter and the women bask in the glory of those big, brawny and often wealthy men. Many women are looking for bragging rights, secure that they one-upped their friends by getting shagged by so- and-so, some are desperate and looking for a free meal ticket after an expensive paternity suit, and others are in it for love. That has no meaning in this case, but it is worthwhile bringing up just to keep things on an even keel.
Smith has apologized to his former team mates, seemingly more worried about what they thought about his despicable behaviour than the impact his sexual recklessness had on his victims. Recklessness in the fact that he simply didn't bother telling his numerous sexual partners that he was infected. His defence lawyer tried to minimize Smith's crime by noting that neither of the two female victims in the court case got the virus. "In this case, there are no consequences," said lawyer Clemente Monterosso. Now this is important, as you will see. Neither of the women became infected. Remember that. The judge pointed out, it was sheer luck that the two women weren't infected. This is true. No argument there.
But by having unprotected sex with them without disclosing he had HIV, Smith broke the law. The Supreme Court ruled almost a decade ago that such actions amount to aggravated assault."The consent cannot simply be to have sexual intercourse," the court explained. "Rather, it must be consent to have intercourse with a partner who is HIV-positive." Most people with HIV and other sexually transmitted infections do not recklessly endanger the lives of others. For the few who do, however, hefty sentences are in order.
Smith got 5 ½ years in prison for what he did. The author of the article believes the 10-year term, as requested by the Crown, would have been more appropriate. "Smith," she writes, " comes across as a man who believes he's done nothing wrong." She says that's all the more reason to keep him behind bars for as long as possible. To her, his apology to the team, to his wife and to the women ring hollow. Smith is appealing his conviction and that doesn't sound like a man who regrets his actions.
CASE 2
Jennifer Murphy is 33 and was charged with aggravated sexual assault and one count of breach of probation after allegedly having sex with a man Dec. 16, 2006 in her home town of St. John's, Nfld. Why? Murphy is HIV positive. In 2005, Murphy made headlines across the country after she had sex with a soldier while she was at CFB Borden, a military base near Angus, Ont. The 22-year-old soldier testified at a preliminary hearing in June 2005 that he took Murphy to his barracks room where she asked him to have sex without a condom, telling him "she liked it better that way." A civilian testified at the same preliminary hearing that Murphy performed unprotected oral sex on him four to five times in a parking lot, then at the barracks they had sexual intercourse with a condom that broke. Two men. See a pattern here? She didn't tell either of them she was HIV positive. Both men said they went for testing and were relieved when the tests were negative. Hmm, another similarity. How strange.
The Criminal Code provides a maximum sentence of life in prison for aggravated sexual assault, but previous sentences have ranged from two to 14 years in jail. Remember, Smith got 5 ½ years for basically the same thing. What did Murphy get? She was sentenced to 12 months house arrest at her home in Newfoundland with three years of probation.
Two tiered justice? It looks like it from here. Your call.
Sources: Tracy McLaughlin HIV Woman Strikes Again Special to the Sun
Mindelle Jacobs Pitiful Defence Edmonton Sun
CASE 1
Trevis Smith is an ex-linebacker from the CFL. He used to play with the Saskatchewan Roughriders. Trevis Smith is HIV positive. He apparently knows he is HIV positive. He shamelessly slept around on his wife, counting on his star status to win the adoration of women. And what athlete doesn't count on that as one of their perks? But women are wont to chase athletes down on a regular basis. The guys have their pick of sexual playthings on a platter and the women bask in the glory of those big, brawny and often wealthy men. Many women are looking for bragging rights, secure that they one-upped their friends by getting shagged by so- and-so, some are desperate and looking for a free meal ticket after an expensive paternity suit, and others are in it for love. That has no meaning in this case, but it is worthwhile bringing up just to keep things on an even keel.
Smith has apologized to his former team mates, seemingly more worried about what they thought about his despicable behaviour than the impact his sexual recklessness had on his victims. Recklessness in the fact that he simply didn't bother telling his numerous sexual partners that he was infected. His defence lawyer tried to minimize Smith's crime by noting that neither of the two female victims in the court case got the virus. "In this case, there are no consequences," said lawyer Clemente Monterosso. Now this is important, as you will see. Neither of the women became infected. Remember that. The judge pointed out, it was sheer luck that the two women weren't infected. This is true. No argument there.
But by having unprotected sex with them without disclosing he had HIV, Smith broke the law. The Supreme Court ruled almost a decade ago that such actions amount to aggravated assault."The consent cannot simply be to have sexual intercourse," the court explained. "Rather, it must be consent to have intercourse with a partner who is HIV-positive." Most people with HIV and other sexually transmitted infections do not recklessly endanger the lives of others. For the few who do, however, hefty sentences are in order.
Smith got 5 ½ years in prison for what he did. The author of the article believes the 10-year term, as requested by the Crown, would have been more appropriate. "Smith," she writes, " comes across as a man who believes he's done nothing wrong." She says that's all the more reason to keep him behind bars for as long as possible. To her, his apology to the team, to his wife and to the women ring hollow. Smith is appealing his conviction and that doesn't sound like a man who regrets his actions.
CASE 2
Jennifer Murphy is 33 and was charged with aggravated sexual assault and one count of breach of probation after allegedly having sex with a man Dec. 16, 2006 in her home town of St. John's, Nfld. Why? Murphy is HIV positive. In 2005, Murphy made headlines across the country after she had sex with a soldier while she was at CFB Borden, a military base near Angus, Ont. The 22-year-old soldier testified at a preliminary hearing in June 2005 that he took Murphy to his barracks room where she asked him to have sex without a condom, telling him "she liked it better that way." A civilian testified at the same preliminary hearing that Murphy performed unprotected oral sex on him four to five times in a parking lot, then at the barracks they had sexual intercourse with a condom that broke. Two men. See a pattern here? She didn't tell either of them she was HIV positive. Both men said they went for testing and were relieved when the tests were negative. Hmm, another similarity. How strange.
The Criminal Code provides a maximum sentence of life in prison for aggravated sexual assault, but previous sentences have ranged from two to 14 years in jail. Remember, Smith got 5 ½ years for basically the same thing. What did Murphy get? She was sentenced to 12 months house arrest at her home in Newfoundland with three years of probation.
Two tiered justice? It looks like it from here. Your call.
Sources: Tracy McLaughlin HIV Woman Strikes Again Special to the Sun
Mindelle Jacobs Pitiful Defence Edmonton Sun
