A convicted rapist in Brisbane, Australia, was distressed to learn his victim was HIV-positive, according to the Sunshine Coast Daily, but the judge had little sympathy for him during sentencing.
Phillip Donald Jason, 48, pleaded guilty to rape, theft, and common assault after his first sexual encounter with an unnamed man last June. The encounter began consensually but Jason did not stop right away after his victim revoked consent. Then he robbed his victim.
During sentencing Jason's defense attorney, Andrew O'Brien, told the court his client learned of his victim's status after he was arrested and that "he was obviously distressed and upset." O'Brien also said Jason had to undergo six months of testing to establish he was HIV-negative.
The attorney argued that Jason's medical "ordeal" should be taken into account during sentencing.
But Judge Fleur Klingham disagreed, stating that Jason's predicament is "a consequence of him consensually engaging in unprotected sex."
Jason, who has a criminal past and spent much time in jail though this was his first sexual offense. He was then sentenced to two and half years in jail and would be immediately eligible for parole.
A parole board will decide when and under what restrictions Jason would be paroled.
