At least 10 cases post Mabior involved accused with lower undetectable viral load, and of those 10, nine occurred in Ontario. One of them involved a woman living with HIV. The allegation was with regard to three incidents of sex. She had an undetectable viral load. In one of the incidents of sex, the sexual partner, a man, performed oral sex on her.
She was charged, and the prosecution pursued that. She was ultimately acquitted in relation to oral sex, but it's frankly shocking that it was found to be in the public interest to pursue a prosecution for aggravated sexual assault in relation to oral sex. She was ultimately convicted in relation to vaginal sex without a condom, even though she had an undetectable viral load. What that means is that in law, she is now considered a violent rapist. Frankly, it's a travesty.
More and more feminist socio-legal scholars are recognizing and acknowledging that this is an inappropriate and in fact problematic use of sexual assault law, including the Women's Legal Education and Action Fund, which has historically been the leader when it comes to legal issues facing women. They released a paper calling for the removal of the offence from the sexual assault realm.
That's just to respond to your comments about Ewanchuk.