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.