Episode 97: The ‘Gutierrez’ Decision Ends the ‘HIV Criminalization’ Era, Says Attorney Kevin McDermott

Just like that, about 25 years of risking an “aggravated assault” or similar charge for not informing a sexual partner that you’re “HIV positive” are effectively over. On February 23, 2015, the highest U.S. military court judged the risk of contracting “HIV” from sex as so low that it is no longer a serious crime not to tell sexual partners. Attorney and ex-Marine reservist Kevin McDermott talks to “How Positive Are You” co-host Elizabeth Ely about the decision in United States v. Gutierrez and how it might affect civilian as well as military cases.

The U.S. armed forces mandate “HIV testing” of all active-duty personnel every six months. Testimony in similar court cases has revealed low standards for this testing — and on more health conditions than “HIV.” This has been devastating to the lives, health, careers, reputations, retirement benefits and families of thousands who serve their country. We urge all, inside and outside the military, to review the limitations of HIV testing. Continue reading »

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