A woman with HIV was sentenced to two years house arrest for having sex with a man and not disclosing her positive status.

Robin St. Clair, 28, who pleaded guilty to two counts of sexual assault, cried in court yesterday when she was told she would be registered as a sex offender for life and would be made to provide a DNA sample.

Prior to going into the Finch Ave. courtroom, St. Clair was all giggles and was ogling a picture of shirtless men in the Toronto Sun.

She didn't speak in court, and at times looked bored and picked her teeth.

Justice Paul Taylor said the victim "won't find favour with my decision."

"No sentence could restore (his) confidence in fellow human beings."

The man -- who can't be named because of a publication ban -- met St. Clair in March, 2007, at a Toronto house and asked St. Clair for oral sex.

St. Clair said no but agreed to have intercourse with a condom.

The man had intercourse with St. Clair twice and on the second occasion the condom ripped.

That was when St. Clair told the man she was HIV-positive, even though in 2004 she was issued with a so-called "Section-22" from public health officials that details her responsibility to disclose her status.

"Criminal law has a role to play when people with HIV put the lives of others at risk. No one would voluntarily get the disease," Taylor said.

"(The man) was exposed to a risk he shouldn't have been exposed to. If he was told of her status he would have rejected her, which was his decision to make."

Court heard the man had a one in 2,000 chance of contracting the HIV virus. He remains disease-free.

Taylor said St. Clair's actions weren't calculating so he decided to let her serve he time under house arrest.

"She wasn't seeking out men to expose them to the disease," Taylor said.

"But she is not blessed with all the intellectual gifts."

St. Clair is only allowed to leave the house on Saturdays between noon and 4 p.m. for shopping and is not allowed to communicate with the man she could have infected.

She will also be on probation for three years after the house arrest.

KEVIN.CONNOR@SUNMEDIA.CA