WICHITA, Kan. – from www.latimes.com – – Military lawyers are asking that aggravated assault charges be dismissed against a military airman accused of not telling multiple sexual partners that he is HIV positive and not using a condom

The defense argued at the start of court martial proceedings Tuesday that the charges against Air Force Tech. Sgt. David Gutierrez are unconstitutional. They contend that military laws that prohibit consent to an assault would essentially ban their client from ever having sex again because he is HIV positive.

Prosecutors argued that government has a legitimate interest in protecting civilians from someone who is spreading the life-threatening virus that can cause AIDS.

Gutierrez is stationed at McConnell Air Force Base in Wichita with the 22nd Maintenance Operations Squadron.