HIV+ U.S. Soldier Charged With Assault With Deadly Weapon

Joe My God alerted me to this curious story of an HIV+ soldier who was essentially arrested for having unprotected sex with a 17-year old male in North Carolina. Pfc. Johnny Lamar Dalton, a 25-year-old assigned to the 22nd Aviation Support Battalion which is part of the 82nd Airborne, was arrested last week and is being held on a $50,000 bond. There are at least two interesting aspects of this case which are revealed in the details of various media reports. One, the fact that Dalton's military superiors knew of his HIV status and made the soldier sign a contract agreeing not to have unprotected sex with any other individuals last November. In addition, the military did not immediately begin "separation" (discharge) proceedings when they discovered Dalton's HIV status. Third, North Carolina apparently still has a law enforcing a "crime against nature" as well as public health laws which "mandate certain control measures for HIV+ people."

Specificially,

[Maj. Tom Earnhardt, an 82nd Airborne spokesperson] said soldiers in the 82nd Airborne take an annual HIV test. He told The Associated Press that Dalton was ordered by his commander in November not to have unprotected sex after a test showed Dalton was HIV-positive. State law also prohibits a person infected with HIV from having sex unless condoms are used and requires that sexual partners be notified.

[...]

Assault with a deadly weapon is a Class misdemeanor and can carry a maximum penalty of 60 days in jail. Crime against nature is the only felony charge Dalton is facing, which for a first-time offender could mean a maximum of eight months in prison.

Carolyn McAllaster, a Duke law professor and director of the AIDS Legal Assistance Clinic, said she had never seen an HIV transmission case with the crime against nature charge.

The military's "don't ask, don't tell" rule allows gays to serve if they keep their sexual orientation private and do not engage in homosexual acts. The law prohibits commanders from asking about a person's sex life and requires discharge of those who openly acknowledge they are gay.

So, military policy requires discharge of those who are gay but NOT of those who are HIV+? I'm speculating this may be because of federal provisions against discrimination on the basis of disability, while there are no legal protections (that apply to the military anyway) that prohibit discrimination on the basis of sexual orientation.