Posted on Jan 30, 2016
Should being HIV-positive AND having unprotected sex, when ordered not to, be punishable under the UCMJ?
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REPORT: WASHINGTON
Gavin B. Atchak’s commanding officer...ordered him to avoid unprotected sex after Atchak tested positive for HIV in 2011. The officer also directed Atchak, an enlisted man....to inform future sex partners that he carried the virus that can cause AIDS. Atchak disobeyed and engaged in unprotected oral and anal sex with...http://www.mcclatchydc.com/news/crime/article57147868.html
Gavin B. Atchak’s commanding officer...ordered him to avoid unprotected sex after Atchak tested positive for HIV in 2011. The officer also directed Atchak, an enlisted man....to inform future sex partners that he carried the virus that can cause AIDS. Atchak disobeyed and engaged in unprotected oral and anal sex with...http://www.mcclatchydc.com/news/crime/article57147868.html
Sexual Assault
UCMJ
Law
Posted >1 y ago
Responses: 50
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Yes CPO Andy Carrillo, MS it should be punishable under the UCMJ if (1) you are notified that you are HIV-positive; (2) engaging in sex with somebody else who is uniformed that you are HIV positive and (3) you make no attempt to protect your sexual partner(s).
People who are not aware they are HIV positive should not be punished under the UCMJ for actions prior to their notification they are HIV positive. That probably should be evaluated under the reasonable man approach.
People who are not aware they are HIV positive should not be punished under the UCMJ for actions prior to their notification they are HIV positive. That probably should be evaluated under the reasonable man approach.
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I chose other. If you know you're HIV positive and you have unprotected sex, you should be charged with attempted murder.
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Personal knowledge of an individual who was CM'd and sentenced to 31 years for the very same crime.
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So an individual with HIV, likely requiring to take a medical cocktail to control the viral load gets to stay on active duty, while a Reservist with Arthritis, taking common anti-inflammatory medication is forced out through a PEB board, not because of the medical condition but the medication being taken. Reasoning, the arthritis medication might not be available in a deployed situation.
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CPO Andy Carrillo, MS
MSgt Steven Wilken Yes! One is a protected class and the other is SOL! Don't you love it?
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Civil law is still struggling with this one and maybe the military should lead the way as it has in other cases (such as integration). Some civil jurisdictions have passed explicit laws punishing those who have unprotected sex while infected. Others have prosecuted such offenders under existing laws for murder, manslaughter, attempted or actual, etc. Keep in mind that while ignorance of the law is no excuse, ignorance of the fact is. If, for example, a person is not aware they are infected and have unprotected sex. they should either be free of guilt or their crime mitigated. If both they and the consenting partner are fully aware of the condition, the "crime" should be mitigated. However, that's just my opinion...
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