Providing advice to sexual assault complainants who are living with HIV is complex and emotionally fraught. Counsel should approach these conversations with sensitivity and with an awareness of the deep vulnerability their clients are likely experiencing. We have endeavoured to include key information to help inform legal advice, but each circumstance is unique, and counsel should take care to explore the personal, emotional, and legal considerations specific to each client. The approach taken in this paper may seem overly conservative or pessimistic, but it is the opinion of the authors that when providing advice to individuals who are contemplating interacting with the police, especially when they may have been historically disadvantaged due to their HIV positive status, it is important to provide advice that gives individuals the power to make informed choices.
About Cooper, Sandler, Shime & Schwartzentruber LLP – Toronto Criminal Defence Lawyers
Cooper, Sandler, Shime & Schwartzentruber LLP has been practising criminal law in the trial and appellate courts since 1953. The firm has extensive experience defending allegations of white-collar crime. It also has wide experience in the defence of homicide, drug charges, and sexual assault cases. Its aim is to provide expert legal advice and skilful representation of its clients’ interests in the criminal courts. All of the lawyers at Cooper, Sandler, Shime & Schwartzentruber LLP have assisted clients before every level of court in Ontario, including the Ontario Court of Appeal and the Supreme Court of Canada.
Our Toronto Criminal Defence Lawyers serve the Greater Toronto Area in Ontario, Canada.