United States v. Bygrave

46 M.J. 491 (1997)

Facts

Bygrave (D) tested positive for HIV. Despite the dangers of spreading the virus through sexual intercourse, D maintained a sexually active lifestyle involving at least two partners. The first partner, Petty Officer J. engaged in heterosexual sex with D over a year-long period including acts of unprotected sex. D did not warn J of his HIV positive status. D's second partner was Boatswain's Mate Third Class C. D informed C of his HIV status and D and C engaged in consensual sexual intercourse using a condom on most but not all times. C tested positive for HIV, and six months later C and D were married. D was convicted of a general court-martial of aggravated assault with J, and with C. The issue that D appealed on was whether the informed consent to sex with C constituted a valid defense to the second charge and conviction.