Man found guilty of sexual assault for POKING HOLES in his condom to secretly impregnate his girlfriend so she would never leave him

Craig Jaret Hutchinson poked holes in his condom unbeknownst to his girlfriend who didn't want to get pregnant



'I wanted a baby with you so bad,' Hutchinson wrote in a confessional text message after his girlfriend broke up with him and had an abortion

Compared to a case in which an HIV positive man was found guilty of sexual assault when he had unprotected sex without disclosing his disease



The Supreme Court of Canada on Friday found a Nova Scotia man guilty of sexual assault for poking holes in his condoms before having consensual sex with his girlfriend in order to try to make her pregnant.

Craig Jaret Hutchinson's girlfriend, whose name the court has protected, said she had agreed to sex as long as it was with a condom so that she would not get pregnant.



The country's top court held 7-0 that while she may have consented sex, she had not consented to unprotected sex, and that by poking holes in the condoms first, he had committed sexual assault.



Craig Jaret Hutchinson (right) poked holes in the condoms because he didn't want his girlfriend to leave him



'We conclude that there was no consent in this case by reason of fraud... Mr Hutchinson is therefore guilty of sexual assault,' Chief Justice Beverley McLachlin and Justice Thomas Cromwell wrote in arguments joined by two other justices. The other three judges came to a similar conclusion by a different legal route.



The written statement of facts presented by the prosecution said that Hutchinson had wanted to get his girlfriend pregnant at the time, in 2006, in order to keep their deteriorating relationship going.

Her pregnancy did extend the relationship for a short amount of time but she later got an abortion and broke up with him.



After the couple broke Hutchinson told his ex in a text message that he poked holes in the condom.



'I wanted a baby with you so bad,'he wrote in the text message, reports Yahoo News.



Hutchinson committed sexual assault because even though his girlfriend consented to sex, she didn't consent to unprotected sex

The complainant ended up pregnant, though it was not clear from the evidence before the court that this was necessarily because of the condom tampering.



Hutchinson, who had been out on bail, will now have to serve an 18-month prison sentence.



This particular case was held up against the 1992 case of HIV positive Henry Cuerrier of British Columbia who had sexual relationships with two women with whom he didn't use condoms nor did he disclose his disease.He too was found guilty of sexual assault even though the woman tested HIV negative.



He was found guilty because not disclosing his HIV counted as fraud. Similarly, Hutchinson's attempt to impregnate his girlfriend was obtained through fraudulent means and therefore criminal.





