Man, 63, who had sex with a woman, 63, without telling her he has HIV is warned he faces ‘significant’ spell in jail after failing to disclose his condition for a THIRD time
- James Defalco, of Brixham Devon had sex with woman without telling her of HIV
- It is the third time he has faced court for failing to disclose his condition
- He was convicted of similar offences against elderly women in 2005 and 2015
- Defalco warned he faces jail term after admitting most recent offence
A man who had sex with a woman without telling her he has HIV for the third time is facing a ‘significant’ jail term.
James Defalco, 57, of Brixham, Devon, has admitted having a sexual relationship with a 63-year-old woman and not informing her of his illness.
He was jailed for a similar offence in 2005 after he infected an 82-year-old and was placed on a Sexual Harm Prevention Order which banned him from having sex with anyone without revealing his condition.
At the time he was called Derek Hornett and was sent to prison for causing her grievous bodily harm.
James Defalco (left in a police mugshot, and right) from Brixham, Devon, has admitted having a sexual relationship with a 63-year-old woman and not informing her of his illness
In 2015 he befriended a 65-year-old woman on a dating website, and begun a sexual relationship with her – but again failed to tell her about his condition.
She tested negative for HIV. He was jailed for four years and nine months.
Defalco admitted the most recent offence, which took place between August and September last year at Exeter Crown Court this week.
He also pleaded guilty to breaching his SHPO by having contact with a child. Defalco has a historic conviction for a child sex offence.
Judge David Evans told him: ‘There will now be no trial because you have pleaded guilty to both serious offences.
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‘You will be sentenced to a significant term of custody in due course. I want a full pre-sentence report to deal with the risk you pose to others.’
Defalco will be sentenced on February 15.
Defalco was first jailed for having underage sex with a 15-year-old girl in 1989 and was banned from spending time with children alone.
He wooed his victims with presents of sexy underwear and romped with a string of elderly women.
After he was released, Defalco went on to commit ‘persistent breaches’ of the prevention order.
After he was jailed in 2015, he appealed his jail sentence – saying it was too tough.
But speaking at the time, Mr Justice Goss said: ‘This sentence was fully justified in light of his repetitive breaches as far as both younger and older targets were concerned.
‘It was a substantial sentence, but it was neither wrong in principle nor manifestly excessive and this appeal must be dismissed.’
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