This section contains the nature of the case and procedural background.

Bygrave (D) tested positive for HIV. Despite the dangers of spreading the virus through sexual intercourse, D maintained a sexually active lifestyle involving at least two partners. The first partner, Petty Officer J. engaged in heterosexual sex with D over a year-long period including acts of unprotected sex. D did not warn J of his HIV positive status. D's second partner was Boatswain's Mate Third Class C. D informed C of his HIV status and D and C engaged in consensual sexual intercourse using a condom on most but not all times. C tested positive for HIV, and six months later C and D were married. D was convicted of a general court-martial of aggravated assault with J, and with C. The issue that D appealed on was whether the informed consent to sex with C constituted a valid defense to the second charge and conviction.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.