Brandon M. Dacus Staff Sergeant U.S. Army Convicted Aggravated Assault Having Unprotected Sex While Having HIV

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Name: Brandon M Dacus

Case: U.S. v. Dacus

Date Of Appeal: October 20, 1999

Plea: Not Guilty

Charges: Aggravated Assault

Military Branch: U.S. Army

Listed In National Sex Offenders Registry? NO

After testing positive for the Human Immunodeficiency Virus (HIV), Staff Sergeant Brandon M. Dacus engaged in sexual

intercourse with female partners other than his wife without informing them of his medical condition. He was charged with

two specifications of attempted murder.

Dacus entered pleas of not guilty to attempted murder but guilty to the lesser included offense of aggravated assault. He also entered pleas of guilty to two specifications of adultery and was convicted consistent with his pleas. The United States Army Court of Criminal Appeals affirmed in a summary disposition.

Dacus is HIV-positive. He was counseled by medical personnel and ordered by his commander to inform his sexual

partners about his HIV status and to wear a condom during sexual intercourse. Dacus engaged in sexual intercourse with a female

partner, HG, on one occasion, during which he wore a condom. He also had sexual intercourse with a different female partner, CH,

approximately eleven times while not wearing a condom. Dacus did not inform either of the women that he was HIV-positive.

The accused did bodily harm to [HG] by having sexual intercourse with her while the accused was in an HIV positive

status. This act of sexual intercourse while HIV-positive without informing [HG] constitutes an

offensive touching with another.

The sexual intercourse was done by unlawful force. That is, the accused had the sexual intercourse without legal justification or excuse, and without the lawful consent of [HG] because the accused had not informed [HG] of his HIV-positive status.

The natural and probable result of exposing [HG] to the HIV virus is death or grievous bodily harm. HIV is the virus that causes AIDS, a deadly disease. By having sexual intercourse with [HG], the accused put her at risk of contracting the HIV virus. The probability of passing the infection was more than a mere fanciful, speculative, or remote possibility.

Dacus also described the offenses in his own words. He stated, in part, as follows:

HIV and AIDS is a bad thing. I know it. I am not here to dispute it and sit here and mislead you or anybody that is here right now. Actually I have been part of this since 1996; I know what I have done and I am willing to accept what I’ve done. HIV is bad

because it can cause bodily harm at one point in time of your life. It can cause death and it could in fact –- it will change your whole life. And, like I said, I knowingly and willingly –- I did that, and I am willing to face what is about to happen.