{"id":12355,"date":"2016-01-19T17:59:03","date_gmt":"2011-01-19T17:59:03","guid":{"rendered":"http:\/\/www.accessrx.com\/blog\/?p=1043"},"modified":"2011-01-19T17:59:03","modified_gmt":"2011-01-19T17:59:03","slug":"swinging-hiv-positive-air-force-sergeant-b0119","status":"publish","type":"post","link":"https:\/\/www.edrugstore.com\/blog\/current-health-news\/swinging-hiv-positive-air-force-sergeant-b0119\/","title":{"rendered":"Swinging, HIV-Positive Air Force Sergeant Faces 10 Counts of Sexual-Related Aggravated Assault"},"content":{"rendered":"

\"AirA trial is expected to wrap up today for a member of the U.S. Air Force who is charged with 10 counts of aggravated assault. Each count stems from a sexual partner that has accused the man, Tech. Sgt. David Gutierrez, of not informing them that he was HIV positive before they engaged in sex.<\/p>\n

Gutierrez was diagnosed with HIV in 2007 while stationed in Italy. The Air Force became aware of Gutierrez\u2019s alleged sexual activities, and potential criminal activity, when his wife shared information that she was worried about the wellbeing of his sexual partners.<\/p>\n

At that point, Gutierrez\u2019s boss served him a letter that instructed him to use condoms and alert his sexual partners to his HIV before having sex. Gutierrez signed the letter. According to opening arguments in the case, the Air Force took this proactive approach because it has a legitimate interest to protect the community from life-threatening diseases that could be spread by Air Force personnel.<\/p>\n

\"AirIn addition to the aggravated assault charges, Gutierrez could also be convicted of one count of violating an order to practice safe sex and disclose his status to partners, one count of indecent acts and nine counts of adultery. If convicted on all charges, Gutierrez could spend 53 years in prison.<\/p>\n

Thankfully, none of Gutierrez\u2019s sexual partners has tested positive for HIV.<\/p>\n

Various news sources report that the couple openly engaged in the swinger scene, swapping partners on many occasions. When Gutierrez\u2019s computers were confiscated, military authorities discovered he had been in touch with about 500 potential sexual contacts on adult websites \u2013 including one dubbed \u201cThe Facebook of Sex.\u201d<\/p>\n

Testimony during the trial indicated that Gutierrez\u2019s wife was equally complicit while engaging in the swinger scene. She apparently joked about opening a bed and breakfast for swingers, and she taped some of her husband\u2019s sexual encounters. However, she is not facing any charges at this time. This author surmises she is not in legal trouble because she came forward to call out her husband.<\/p>\n

\"SwingersTrial testimony indicated that the Gutierrezes met couples at places such as Burger King, Applebee\u2019s and bars before engaging in sexual activity. Several women said they had no reason to believe Gutierrez was lying about his HIV, and that they trusted him because he was in the military. His wife is also reportedly a registered nurse.<\/p>\n

Several women said Gutierrez flatly denied having an STD or HIV. Unsurprisingly, the women also said they would not have had sex with him if they were aware of the HIV.<\/p>\n

Gutierrez has been in custody at McConnell Air Force Base in Wichita, Kan., since Aug. 9. He served there with the 22nd Maintenance Operations Squadron. He is represented by two military lawyers, and a verdict in the military trial should come shortly.<\/p>\n

Update – Jan. 20, 2011<\/p>\n

The Associated Press reported this morning that\u00a0Gutierrez was found guilty on seven of the eight counts or sexual assault, and he\u00a0will spend up to eight years in prison.<\/p>\n

The\u00a0military judge also ordered Gutierrez to be dishonorably discharged, which will\u00a0cause him to lose the military medical benefits he tearfully begged\u00a0to keep. Drugs for HIV can cost up to $30,000 a year and Gutierrez will have a limited income while he serves his prison time.<\/p>\n

Gutierrez was also found guilty of other charges, including the violation\u00a0of his commander’s order to notify sex partners about his HIV and use condoms. He was also found guilty of\u00a0adultery (even though his wife was also complicit in the swinging scene), and for taking part in indecent acts (having sex in front of others).<\/p>\n","protected":false},"excerpt":{"rendered":"

A trial is expected to wrap up today for a member of the U.S. Air Force who is charged with 10 counts of aggravated assault. Each count stems from a sexual partner that has accused the man, Tech. Sgt. David Gutierrez, of not informing them that he was HIV positive before they engaged in sex. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_autoblog_aioseo_focus_keyphrase":"","_autoblog_aioseo_title":"","_autoblog_aioseo_description":"","footnotes":""},"categories":[18],"tags":[],"class_list":["post-12355","post","type-post","status-publish","format-standard","hentry","category-current-health-news"],"acf":[],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t