court marshals

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.

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  • 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.

  • Samuel

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

  • 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?

  • Devon


  • 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.

  • 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?

  • 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.

  • Anthony Johnstone

    Should He Be Jailed? YES!

  • Todd

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

  • joe blow


    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.

  • 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???

  • Orangegoblin

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

  • 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.

  • 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?

  • 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.

  • gregger

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

Comments are closed.