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If Air Force Tech. Sgt. David Gutierrez Lied About HIV Status To Swinging Partners, Should He Be Jailed?

David Gutierrez, an Air Force tech sergeant based in Wichita, faces a court marshal after neglecting to tell the couples he and his wife were sex swinging with that he’s HIV-positive, In fact, claim witnesses (read: the other couples) testifying at the McConnell Air Force Base trial, he flatly denied he carries the virus; one woman says Gutierrez claimed he “was clean,” and that having a brother who died from AIDS, she never would have had sex with him if she knew he’s poz. She and many others had unprotected with him. Facing 10 counts of aggravated assault, nine counts of adultery (a crime in the military, y’all), indecent acts (i.e. getting his sex on while others watched), and violating his commander’s orders to alert his partners he is HIV-positive, Gutierrez, who’s plead not guilty on all charges, faces 53 years in prison. The one positive note: None of his partners appear to have been infected, which gives the defense the ability to claim he either did wear condoms or didn’t ejaculate inside others. So where do we go from here?

On the one hand, I have a serious problem with people being tried for the “crime” of being HIV-positive. These sort of charges may only discourage people from being tested, lest they get a positive result and then face claims from future and previous sex partners, who could claim the person failed to tell them. That, and being a sexually active HIV-positive person should not be considered an immediate guilty sentence.

But I also have a serious problem with people knowingly and purposefully lying about their HIV status when they’re about to engage in sexual activities. Not only is that a fraudulent thing to do, it’s a morally bankrupt as well. And if that’s what Gutierrez did — lie to people who were trying to protect their health by asking the right questions — then he’s at fault. Also at fault: ANYBODY WHO WILLINGLY HAS UNPROTECTED SEX. So while I’m glad none of Gutierrez’s swinging partners were infected (we know nothing about his wife’s status), somebody telling you he is “clean” is not good enough when it comes to your mortality. I don’t care if you’re having straight sex or gay sex, or sticking it in a vagina or a butt hole. Put a condom on it YOU FUCKING IDIOTS.

By:           JD
On:           Jan 19, 2011
Tagged: , , , , ,

  • 16 Comments
    • Spike
      Spike

      ” . . one woman says Gutierrez claimed he “was clean,” and that having a brother who died from AIDS, she never would have had sex with him if she knew he’s poz.”

      Damn str8t chicks are STUPID! No wonder they always end up pregnant. Kinda like going to a sex club and letting a guy eff you up the ass bare back after he guaranteed that he tested negative 2 weeks ago. Yea right.

      Jan 19, 2011 at 4:22 pm · @ReplyReply to this comment ·
    • Samuel
      Samuel

      Yes, he should. Period. Everyone needs to take responsibility for their actions, but he shouldn’t get off because someone believed his lies.

      Jan 19, 2011 at 7:57 pm · @ReplyReply to this comment ·
    • afrolito
      afrolito

      Did I miss the part where it’s revealed that this guy is gay or bisexual? I read this as a story of straight couples swinging, which is not gay or bisexual, unless there was same sex activity, which not mentioned anywhere in the article. Does queerty believe all HIV news and articles are gay news by default?

      Jan 19, 2011 at 8:03 pm · @ReplyReply to this comment ·
    • Devon
      Devon

      Yes.

      Jan 19, 2011 at 8:15 pm · @ReplyReply to this comment ·
    • EdWoody
      EdWoody

      I have never and never will have any connection to the military, but even I know it’s spelled “court martial,” not “court marshal.” It even spells it correctly, right there in the story to which you link.

      Score another one for high-quality writing from Queerty.

      Jan 19, 2011 at 8:40 pm · @ReplyReply to this comment ·
    • KalperniaRena
      KalperniaRena

      But condoms don’t protect against HIV. I mean their great for protecting against all the other shit, but how can you really protect yourself from HIV? Especially if people lie when you ask them?

      Jan 19, 2011 at 8:49 pm · @ReplyReply to this comment ·
    • Mac McNeill
      Mac McNeill

      He is very lucky he didn’t infect one of those people. If you’re HIV Positive and lead a great life, fine, but if you have sex with anyone-straight or gay you need to tell them. It’s a loaded gun.

      Jan 19, 2011 at 9:38 pm · @ReplyReply to this comment ·
    • Anthony Johnstone
      Anthony Johnstone

      Should He Be Jailed? YES!

      Jan 19, 2011 at 10:05 pm · @ReplyReply to this comment ·
    • Todd
      Todd

      I think he should get 20 years just for the mustache.

      Jan 20, 2011 at 12:01 am · @ReplyReply to this comment ·
    • joe blow
      joe blow

      @KalperniaRena:

      What the f*** are you talking about? Condoms don’t protect against HIV?!? How incredibly and dangerously misinformed are you? Maybe you should take a position in the health department of south africa.

      Jan 20, 2011 at 3:47 am · @ReplyReply to this comment ·
    • Andy
      Andy

      I’m surprised HIV+ people can serve in the military. Perhaps he contracted the virus while already serving. Does being HIV+ bar individuals from serving their country???

      Jan 20, 2011 at 3:50 am · @ReplyReply to this comment ·
    • Orangegoblin
      Orangegoblin

      He should be tried, convicted and imprisioned for grevous bodily harm.

      Jan 20, 2011 at 7:16 am · @ReplyReply to this comment ·
    • jason
      jason

      Why is it always the man who is considered to be the one who is spreading the illness? I’m sick of this assumption. Women are just as capable of spreading illnesses. The notion that the man is to blame is a form of anti-male, pro-female political correctness. I’m sick of it.

      As for the partners of this man, who do they think they are? They’re sleazy swingers, for fuck’s sake. They’re promiscuous sleazeballs. None of them are entitled to take the moral high ground. They all deserve each other.

      Jan 20, 2011 at 7:20 am · @ReplyReply to this comment ·
    • DR
      DR

      Yeah, jail time works. Again and again we have to remind folks that while they are ultimately responsible for their own actions, they have to be given enough information to make an informed decision, and deliberately lying to a sexual partner means you’ve taken that ability away form him/her.

      According to the Air Force Times article, this guy was warned to wear a condom and disclose, and he didn’t.

      As for the author’s concerns re: testing, I am sick to death of hearing that nonsense. The more people who decide not to get tested to feign ignorance increases the likelihood that legislators will start writing laws to address that (or use existing ones to do so). Do you want to get tested and disclose because it’s the right thing to do, or do you want to be smacked around in court for deliberately refusing to get tested so you can cry “but I didn’t know I was positive” when you get charged for failing to get tested?

      Jan 20, 2011 at 8:46 am · @ReplyReply to this comment ·
    • Franky
      Franky

      He should go to jail. Yes these people were stupid enough to believe his lies but that’s what they were, HIS lies. If you’re HIV+, whatever. Just let possible partners know. You might suffer from a diminished sex life but I’m fairly certain that that’s better than spending time in jail for not informing people.

      Jan 20, 2011 at 11:37 am · @ReplyReply to this comment ·
    • gregger
      gregger

      @Spike: a lot of gay men are similarly stupid….

      Jan 20, 2011 at 11:58 am · @ReplyReply to this comment ·

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