United States v. Sergeant JARED D. HERRMANN

In United States v. Gutierrez, our superior court addressed a case of aggravated assault under Article 128, UCMJ, involving sex that included the undisclosed risk of transmission of human immunodeficiency virus (HIV). 74 M.J. 61 (C.A.A.F.2015). The, Court of Appeals for the Armed Forces (C.A.AF.) noted that prosecutors lacked a specific punitive article addressing such misconduct and have instead “relied on generally applicable punitive articles to litigate these cases.” Id. at 67. Our superior court analogized charging such conduct under aggravated assault as trying to “fit a round peg of…