Tim Cavanaugh - reason.com/blog
Reason contributor Terry Michael investigates a military trial in Ft. Bragg, North Carolina that ended with the acquittal of an Army sergeant of charges that he didn't inform sexual partners of his positive HIV status.
Expert witnesses raised doubts about the general validity of HIV tests during the May aggravated assault trial of the NCO referred to by supporters (Michael provides his full name) discreetly as "Sgt. TD." It also seems the prosecution either didn't mount or wasn't allowed to mount a strong attack:
An 8-year Army veteran, Dixon spent 247 days in pre-trial custody after charges brought in 2011, when he was arrested after a former girlfriend accused him of assault and battery, for throwing a plastic bottle at her during an argument. Judge Batdorf found Dixon guilty of that physical assault charge, unrelated to HIV status disclosure, and sentenced him to 120 days (waived for time he had already served.). The arrest resulted in Dixon’s “status” later being revealed, to other women identified as former sexual partners. There was no testimony in the trial from any of the women disputing Dixon’s claim that he used condoms.There also was no testimony from any of the women that they had contracted HIV from Sgt. Dixon. The defense introduced into evidence a1997 scientific paper by Dr. Nancy Padian from the Univ. of California-San Francisco, who studied the potential for transmission of HIV in 176 “sero-discordant” heterosexual couples, where one partner was HIV-positive and the other HIV-negative, and not one of the subjects ever contracted HIV through sex.
