The U.S. Court of Appeals for the Armed Forces has reversed the aggravated assault conviction of former Air Force Tech. Sgt. David J.A. Gutierrez for withholding his HIV diagnosis from sexual partners.
The court cited medical experts who explained there is a 1 in 500 chance of contracting HIV through unprotected heterosexual sex. That's insufficiently likely to inflict grievous bodily harm to support the aggravated assault charge, the court held.
But the court upheld a lesser assault conviction for Gutierrez based on his former sexual partners' not giving informed consent to sexual activity because he hadn't told them about his HIV status.