UNITED STATES V. BYGRAVE
46 M.J. 491 (1997)
NATURE OF THE CASE: This was an appeal from a general court martial.
FACTS: Bygrave (D) tested positive for HIV. Despite the dangers of spreading the virus
through sexual intercourse, D maintained a sexually active life-style 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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