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Air Force Sgt. Faces 53 Years in Jail for Unsafe Sex

Air Force Sgt. Faces 53 Years in Jail for Unsafe Sex


An Air Force sergeant is facing court-martial proceedings for disobeying orders requiring him to notify his sexual partners that he has HIV after he reportedly had unprotected sex with several women at swingers’ parties.

Tech. Sgt. David Gutierrez (pictured) has been under arrest at McConnell Air Force Base in Wichita, Kan., since August 9, according to the Associated Press. He is being charged with 10 counts of aggravated assault and with violating his squadron commander's written orders from 2009 to disclose his HIV status to sexual partners. He is also being charged with nine counts of adultery and with having sex in front of others. Gutierrez has pleaded not guilty to all charges. He could face more than 53 years in prison if he is convicted of each charge. Gutierrez could also be dishonorably discharged or undergo a reduction in rank and pay.

One of the women testifying said she had unprotected sex with Gutierrez only after he gave her multiple assurances that he "was clean." Another man who testified against him said that Gutierrez had at some point flat-out denied that he had HIV.

Gutierrez's attorney, Capt. Aaron Mannes, noted that none of the women his client had sex with became infected with HIV. Mannes also said that many of the times Gutierrez had sex with other so-called swingers, he either did not ejaculate or used a condom.

According to reports, Gutierrez's wife, who is not in the military, encouraged his behavior and often pondered opening a swingers’ bed-and-breakfast. Because she is not in the military, she does not face any charges.

30 Years of Out100Out / Advocate Magazine - Jonathan Groff and Wayne Brady

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