Ontario Court of Appeal catches up with HIV science in voiding decade-old sexual assault conviction

Decision highlights need for broader approach for HIV nondisclosure conviction reviews: Colleen McKeown of Daniel Brown Law LLP.

BY Julius Melnitzer | September 6, 2022

Relying on new scientific evidence, the Ontario Court of Appeal has overturned the 2013 aggravated sexual assault conviction of a woman who did not reveal her HIV status to an unprotected partner.

“This is a crucial case both for my client and others who have been convicted in similar circumstances,” says Colleen McKeown, a partner in Toronto criminal law boutique Daniel Brown Law who represented the appellant Jennifer Murphy. “The decision will hopefully make it easier for those people to say they posed no risk, but they still face significant hurdles in having their convictions overturned.”

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Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or https://legalwriter.net/contact.


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