Halifax, Nova Scotia — A Nova Scotia man is in jail right now, serving the remainder of an 18 month sentence for sexual assault. On Friday, the Supreme Court of Canada rejected the appeal of Craig Hutchinson. He admitted to tampering with his girlfriend's condoms in a bid to save their relationship, Blair Rhodes has more.
Luke Craggs, Defense Lawyer, "Obviously it's a disappointing outcome."
Defense lawyer, Luke Craggs, reacting to news his client has lost his final appeal in a legal saga that's dragged on for seven years.
In the summer of 2006, Craig Hutchinson thought he could save his relationship by getting his girlfriend pregnant, so he poked holes in her condoms.
She got pregnant, but when he confessed what he'd done, she ended the relationship, she terminated the pregnancy and called the cops.
Luke Craggs, "I don't know if there's going to be any other cases like this. It's not every day you not only hear about someone sabotaging the birth control that a woman was counting on, but handing her the evidence that she would need to take this to the police."
The Supreme Court decision clarifies the issue of consent when it comes to sexual assault. It's not enough for someone to try to deceive their partner, Jim Gumpert, Prosecutor, "That is not enough to be convicted of sexual assault. There has to be the second component, not just fraud, but a significant risk of serious bodily harm."
AIDS activist intervened in this case, fearing the ruling could cost them legal rights they had won in recent decisions.
The Hutchinson decision did not affect their interests, Cecile Kazatchkine, Canadian HIV/AIDS Legal Network, "We are very happy about this. This is exactly why we intervened before the Supreme Court of Canada. This is exactly what we were hoping for."
The Supreme Court ruling means, the sentence imposed here is now in effect.
Hutchinson will serve about a year in jail before he's eligible for release, in addition, his name is on the national sex offender registry and he's to give a DNA sample.