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  1. United States v. Pinkela, ACCA, 15-0747 ORDER 110415 (11/5/15)

    On November 5, 2015, the Court of Appeals for the Armed Forces granted a second petition for review of Ken Pinkela, a former Army Lieutenant Colonel living with HIV who was discharged and criminally prosecuted on charges of having unprotected anal sex wit ...

    admin - 11/10/2015 10:08am

  2. Statement on the National HIV/AIDS Strategy for the United States: Updated to 2020

    This statement addresses 1) broad public ignorance about HIV, STIs and identities associated with stigmatized diseases; 2) the criminalization of HIV; 3) HIV related discrimination in criminal justice and immigration detention facilities, and in the milita ...

    admin - 8/8/2016 9:22am

  3. United States v. Gutierrez, No. 13-0522 Crim. App. No. 37913, U.S. Court of Appeals for the Armed Forces (2015)

    With this ruling the United States Court of Appeals for the Armed Forces reversed the conviction by general court martial of an air force sergeant on a charge of aggravated assault for having consensual sex, both with and without condoms, with multiple par ...

    admin - 10/22/2015 10:01am

  4. Evaluation of the Military Criminal Investigative Organization’s Adult Sexual Assault Investigation Policies

    The U.S. Department of Defense (DoD) Office of Inspector General (OIG) issued a report on September 16, 2014, on its three-year-long evaluation of policies governing military investigation of sexual assaults. The OIG had been asked to determine if the Mili ...

    admin - 10/22/2015 11:32am

  5. United States v. Stevens, 2013 WL 5844657 (N.M.Ct.Crim.App. 2013)

    This United States Navy-Marine Corps Court of Criminal Appeals decision affirmed a prior conviction of violating a “safe sex order.” After being diagnosed with HIV, Stevens received a safe sex order from a commissioned officer, who was also the physician t ...

    admin - 10/22/2015 11:26am

  6. United States v. Hurts, 2014 CCA LEXIS 284 (2014)

    This United States Army Court of Criminal Appeals decision held that if the likelihood of infection from HIV was not more than a remote possibility, a servicemember could not be convicted of assault with a means likely to produce death or grievous bodily h ...

    admin - 10/22/2015 11:26am

  7. Unger v. Ziemniak, 27 M.J. 349, (C.M.A. 1989)

    This case involves a female Navy officer who was charged with willfully disobeying a lawful order given to her by a superior. The order was for her to give a urine sample (for a drug test) under “direct observation” by another female service member, who w ...

    admin - 10/26/2015 9:40am

  8. CHLP Comments and Recommendations for Reform of HIV Policies in the Military

    The Center for HIV Law and Policy issued comments and recommendations on the Department of Defense’s (DOD) comprehensive review of the military justice system, including the structure and operation of the Uniform Code of Military Justice (UCMJ). ...

    admin - 10/22/2015 11:37am

  9. Identification, Surveillance, and Administration of Personnel Infected with Human Immunodeficiency Virus, Army Regulation 600-110, Department of the Army (2014)

    Army Regulation 600-110 (AR 600-110)- Identification, Surveillance, and Administration of Personnel Infected with Human Immunodeficiency Virus was previously published in August 2012. It is now superseded by the most recent version, published in April 201 ...

    admin - 6/10/2014 5:23pm

  10. National Defense Authorization Act for Fiscal Year 2014, Section 572

    Section 572 of the nearly two thousand page-long National Defense Authorization Act of 2014 (NDAA), which approves spending for the military and national security, gives the Secretary of Defense 180 days to submit a report describing policies on the enlis ...

    admin - 1/30/2014 11:39am

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