Reversing the conviction of HIV-positive Air Force Technical Sergeant David Gutierrez on charges of aggravated assault for engaging in unprotected oral and vaginal sex with women during “swingers” parties, the U.S. Court of Appeals for the Armed Forces ruled on February 23 in United States v. Gutierrez, No. 13-0522, that statistics about the likelihood of transmission of HIV under such circumstances would not support a conviction under Article 128(b) of the Uniform Code of Military … <Read More>
aggravated assault
Unprotected Sex as “Aggravated Assault” – Are Military Courts Getting Competent Expert Testimony on HIV?
The U.S. Air Force Court of Criminal Appeals has affirmed the conviction of an HIV-positive Airman for failing to obey a lawful order, indecent acts, aggravated assault, and adultery, upholding the court martial’s sentence of dishonorable discharge, eight years confinement, total forfeitures of pay and benefits, and reduction in grade. The basis for the charge? Tech. Sgt. David Gutierrez and his wife participated in group sex activities with others without Gutierrez disclosing he was HIV-positive, … <Read More>