By Hilary White
  NEW WESTMINSTER, December 14, 2005 ( -Â A BC man has been found guilty of knowingly spreading the HIV virus to his sexual partners. Adrien Nduwayo was convicted yesterday of five counts of aggravated sexual assault, one count of attempted aggravated sexual assault and one count of sexual assault.
  Crown council, Andrew MacDonald confirmed that spreading HIV constituted aggravated sexual assault.
“There’s six victims in this case. Three of the complainants who came forward were HIV-positive and, of course, their circumstances are more tragic,” MacDonald said.
“All of the victims showed a great deal of courage and fortitude in coming forward and of course, there’s vindication for them in the verdict tonight,” MacDonald said.
  Nduwayo’s defence was a classic for rapists saying that the women were willing partners. Nduwayo maintained that because he used a condom, he could not be legally accountable for having spread the virus and did not have to disclose that he had the virus. Three of the women testified that he did not use a condom.
  Among the many objections to the condom doctrine in HIV/AIDS prevention, apart from it being difficult to convince men to use them reliably, is the failure rate which is usually accepted as 10-15% but some studies have estimated as high as 30%. With a one in three failure rate, condom use becomes a form of bio-hazard Russian roulette.
  In Africa, where the AIDS pandemic constitutes an international disaster, Dr. Margaret Ogola the executive Director of the Family Life Counseling Association of Kenya, and medical director of the Cottolenga Hospice for HIV-positive orphans, said the distribution of millions of condoms has not only failed to stem the spread of disease but has also broken down delicate tribal taboos against promiscuous sexual behavior.


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