Nature of the Case
To access this section all you need to do is click here and register.
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.
Support@ bsmsphd.com
Casebriefs Co