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Appeals court tosses aggravated assault conviction over HIV

February 24, 2015

WICHITA, Kansas (AP) — The nation’s highest military court has reversed the aggravated assault conviction of a Kansas airman accused of exposing multiple sex partners to HIV at swinger parties in Wichita.

The U.S. Court of Appeals for the Armed Forces unanimously ruled Monday that prosecutors failed to prove that any of David Gutierrez’s acts were likely to transmit HIV to his partners.

However, the court upheld a lesser conviction of assault by battery for offensive touching to which his sexual partners did not provide meaningful informed consent. It also upheld his conviction for adultery, even though his wife participated with him in the swinger lifestyle.

Gutierrez was a sergeant at McConnell Air Force Base in Wichita in 2011 when he was sentenced to eight years behind bars.

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