United States v. Bygrave
U.S. Court of Appeals for the Armed Forces
46 M.J. 491 (1997)
HIV-positive service member Bygrave (defendant), aware of his status and warned about sexual transmission risk, informed his partner "C" of his HIV status before they engaged in regular, though not always protected, sexual intercourse over time, after which "C" also tested HIV-positive; Bygrave was convicted of two counts of aggravated assault under Article 128(b)(1) of the Uniform Code of Military Justice, one involving an uninformed partner "J" (unchallenged on appeal) and the other involving the informed partner "C," which Bygrave argued should be excused by "C"'s informed consent.
Whether a partner's informed consent to engage in sexual activity with an HIV-positive service member, after disclosure of that status, provides a valid defense to a charge of aggravated assault.