A Nova Scotia man was convicted of sexual assault Wednesday after he poked holes in his girlfriend's condoms to try and save their rocky relationship with a pregnancy.
The woman became pregnant in September 2006 and had an abortion.
In a series of text messages and phone calls after the woman broke off the relationship, Craig Hutchinson admitted he had intentionally damaged the condoms.
"I wanted a baby with you so bad I sabotaged the condoms so now they are not safe," the Clyde River man said.
She reported her ex-boyfriend to police, and Hutchinson was charged with aggravated sexual assault.
In 2009, the trial judge in Halifax court found Hutchinson not guilty on the basis that there was no evidence the woman had not consented to sex and the risk of bodily harm from pregnancy and abortion was slim.
But the Crown appealed and a new trial was ordered.
The woman testified she would have never consented to sex if she'd known the condoms were damaged.
In a 2-1 court of appeal decision, the judges ruled Hutchinson endangered the life of his ex-girlfriend because of an unwanted pregnancy and a resulting abortion that can pose health risks. She also was found to not have consented to sex with damaged condoms.
"The sabotaging of the condoms fundamentally altered the nature of the sexual activity in question," Judge Elizabeth Roscoe wrote in the appeal decision.
Hutchinson, 41, will be sentenced in December.