A defence lawyer told an Ottawa judge Tuesday a sex assault complainant is a liar whose story of being in the dark about his sexual partner’s HIV status “makes no sense.”
Elliott Youden, a prominent gay activist, is on trial facing accusations he didn’t disclose his HIV positive status, but Youden says he’s the victim of an extortion attempt.
Defence lawyer Ian Carter said in closing arguments Youden did disclose his positive HIV status to the other man in an online message before they had intercourse.
Youden, 32, pleaded not guilty to aggravated sexual assault for a second time Monday after a mistrial was declared in January.
The complainant was a 22-year-old university student at the time of incident. He cannot be named due to a publication ban.
He testified Monday he met Youden on a website for gay men and agreed to give the accused a massage at his apartment for money.
He told the court that after the massage they had sex three times, but a condom was used only the first time. He testified he asked Youden if he was HIV positive, and said the accused replied, “no.”
On the witness stand Tuesday, Youden testified they had sex twice and used a condom both times.
“He doesn’t bring massage oil, but what he does bring are condoms,” said Carter. “Why would (the complainant), who is so concerned with protection, not use a condom the second time?”
The complainant alleged Youden sent him an apology in an online message after the incident. But when police asked for it, he told them the website deleted it.
“The reason he didn’t retrieve it is because it didn’t exist,” said Carter. “Yet another lie from (the complainant).”
Court heard Youden wrote, “You can’t get HIV from a massage,” in an online message to the man several days before they met.
But Crown prosecutor David Elhadad argued that Youden’s remark wasn’t good enough and people with HIV need to be upfront about their condition when asked by a potential sexual partner.
“It takes much more than that…when they’re going to engage in sexual relations,” said Elhadad. “(The complainant) was not going to have sexual relations with any person, had he known he was HIV positive.”
Justice Monique Métivier will deliver a verdict Wednesday.