AN HIV-positive United States Air Force sergeant accused of having sex with multiple unwitting partners was encouraged by his wife, who had talked about opening a bed-and-breakfast for swingers, witnesses told a military judge on Tuesday.
Technical Sergeant David Gutierrez repeatedly denied being infected when partners asked about his HIV status, several witnesses testified during court martial proceedings at McConnell Air Force Base in Wichita, Kansas.
The airman is charged with 10 counts of aggravated assault - one count for each sexual partner - and with violating his squadron commander's order to notify partners about his HIV status and use condoms. He also is charged with multiple indecent acts, for having sex in front of others, and nine counts of adultery.
Gutierrez pleaded not guilty on Tuesday to all charges in the case. Military judge Lieutenant Colonel William Muldoon rejected a -defense attorney's request to dismiss the aggravated assault charges as -unconstitutional because similar case law on aggravated assault in -effect says his client can't ever have sex again.
Among the prosecution witnesses to testify on Tuesday was a woman who said she had unprotected sex with Gutierrez on multiple -occasions, after she asked him whether he had any sexually transmitted diseases and he assured her he "was clean." She said she would not have had sex with him had she known he was HIV positive.
She said Gutierrez's wife also took part in the swinger lifestyle. "She talked about opening a bed-and-breakfast for swingers."
A Wichita man, who said he participated in swinger events with the couple, also testified that Gutierrez flatly denied being HIV positive and that the airman's wife pushed him into having sex with others.
Under military law, Gutierrez could face over 53 years in prison if convicted on all charges. Other penalties include a dishonorable discharge and reduction in rank.
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