An Australian man charged with raping another man was "distressed and upset" when he found out his victim was HIV positive.
While Phillip Donald Jason, 48, initially engaged in consensual sex with another man last year, the encounter took a turn when Jason did not stop after his victim told him to, according to Sunshine Coast Daily.
After Jason was arrested, he learned that his victim was HIV positive.
"He was first made aware of that after he was arrested … and he was obviously distressed and upset," Andrew O'Brien, Jason's defense lawyer, said to the Brisbane District Court on July 29.
O'Brien attempted to use Jason's six months of medical tests to determine whether he had contracted HIV in his client's defense.
Judge Fleur Kingham did not sympathize with O'Brien's argument.
"It's a consequence of him consensually engaging in unprotected sex," she said.
Jason pleaded guilty to rape, stealing and assault after the incident. He was sentenced to two and a half years in jail, with immediate eligibility for parole.
Judge Kingham noted that because the encounter began consensually and later became nonconsensual, the rape charge placed on Jason was different from others.
Last year's incident was Jason's first offense of a sexual nature, Judge Kingham said. He has had many previous run-ins with the law, and has spent a considerable time in jail.
The Australian Bureau of Statistics estimates that 51,200 Australians aged 18 years and over were victims of sexual assault in 2011. About 30 percent of sexual assault victims reported their most recent incident to the police.