After dragging out justice for eight years, a 60-year-old Montrealer was sentenced Monday to seven years in prison for transmitting HIV to two women by hiding from them for years the danger it represented. One of his victims feels “condemned for life”.
“ [S]His words that he regrets the harm caused are insincere. He does not truly accept responsibility for his actions. Denunciation and deterrence must take precedence,” ruled judge Yves Paradis, imposing this severe sentence.
The 60-year-old Montrealer hoped to get away with house arrest. As a permanent resident, he now faces deportation from the country at the end of his sentence.
Charged in 2016, Alfredo José pleaded guilty in March 2020 to causing bodily harm to his two victims through criminal negligence. For years, he then tried to withdraw his guilty plea by posing as a victim of his doctor and his lawyer. “He was trying to put the blame on others,” the judge said.
After years of waiting, his two victims were on site Monday at the Montreal courthouse to witness the imposition of the sentence.
Over a long period of time and repeatedly, Mr. José voluntarily engaged in sexual relations with his intimate partners knowing he was carrying the virus, without warning them and without taking minimal precautions.
Judge Yves Paradis
This crime is in the “upper” part of the seriousness scale in terms of criminal negligence, according to the judge.
For years, Alfredo José had unprotected sex with his first victim, without ever informing her of his condition, although they had previously discussed HIV. When the woman learns that she carries HIV, Alfredo José does not react. It was finally five years later that she discovered that he was undergoing triple therapy treatment.
Even though he knew he had transmitted HIV to his first victim, Alfredo José had unprotected sex for months with another woman without informing her of his condition. Note that between 1997 and 2015, José would have benefited from intermittent monitoring in connection with an HIV diagnosis. However, he stopped showing up for his appointments for a period in 2017.
The consequences are major for both victims. The first was “terribly affected”, experiences enormous anxiety and shame. She lacks energy and concentration and spends significant amounts of money on her treatments.
The second victim was destroyed by Alfredo Jose’s crimes. “She is completely disconnected from reality. She feels condemned for life, powerless. She is angry. She suffered enormously and still suffers,” summed up the judge.
According to the probation officer, Alfredo José’s risk of reoffending is “high”. In a report, we talk about his opportunism and his irresponsibility in the face of his HIV diagnosis.
“In the case of penalties for offenses committed in a similar context of HIV transmission, the protection of society requires that the denunciation and deterrence of such behavior occupy a preeminent place, with the aim of prevention and protection of the public,” said the judge.
Me Jérôme Laflamme represented the public prosecutor, while the accused defended himself alone.