February 24, 2015 — The highest U.S. military court's reversal of a Kansas airman's aggravated assault conviction for exposing multiple sex partners to HIV at swinger parties in Wichita
will effectively end such prosecutions in the armed forces, his attorney said. The U.S. Court of Appeals for the Armed Forces unanimously ruled Monday that prosecutors failed to prove that any of David Gutierrez's acts were likely to transmit HIV to his partners. That decision overturns a 25-year precedent that had allowed military personnel to be convicted of aggravated assault solely on the basis of a positive HIV test, attorney Kevin McDermott said Tuesday. Gutierrez was not accused of infecting anyone with HIV...
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