HIV-positive sailor punished for having unprotected sex

NORFOLK

Can a healthy adult consent to having unprotected sex with a partner she knows is HIV-positive?

Two women who had sexual relationships with Petty Officer 1st Class Steven R. Franklin apparently decided the risk was worth it - but on Tuesday it cost Franklin his career.

According to testimony in a special court-martial at Norfolk Naval Station, both women chose to have unprotected sex with Franklin after learning he had HIV, the virus that causes AIDS.

Their consent did not let Franklin off the hook. The 37-year-old aviation electronics technician was sentenced to three months' confinement and a bad-conduct discharge after pleading guilty to two counts of aggravated assault as well as disobeying an order.

Cmdr. Tierney Carlos, the military judge, also demoted him in rank to seaman recruit. Franklin faced additional charges, including adultery, that were dropped as part of a plea agreement.

The charges stemmed from Franklin's ignoring written and oral orders not to have unprotected sex. He also was compelled to advise sexual partners that he was HIV-positive and that condoms are not guaranteed to stop the spread of the virus.

Franklin, who was diagnosed with HIV in 2003, was reminded of the restrictions every time he visited the HIV clinic at Portsmouth Naval Medical Center, he told the judge.

He also signed an order from his commanding officer at the Aviation Intermediate Maintenance Depot in Norfolk in November 2007 pledging to meet those conditions.

Within a few weeks of signing that document, though, Franklin began a new sexual relationship. The couple used condoms for a few weeks but later stopped at Franklin's request.

After the woman learned of his diagnosis, she continued having unprotected sex with him for a few more weeks, according to testimony.

The second woman - now his ex-wife - testified at an earlier hearing that she also had unprotected sex with Franklin after learning he was HIV-positive.

Neither woman has contracted HIV, according to testimony.

Regardless of the women's actions, the law does not allow people to consent to a sexual act that could result in "grievous bodily harm," Carlos explained.

Unprotected consensual sex became aggravated assault because of the likelihood it would cause serious harm or death.

Franklin, who has spent more than 18 years in the Navy, told the judge his HIV is well-controlled and the virus is no longer detectable in certain medical tests. However, he still carries the virus and acknowledged there is still the risk of transmitting it.

Lt. j.g. Brian Hodgdon asked the judge for a six-month sentence.

Greg McCormack, Franklin's civilian lawyer, called the case "an extremely sad situation" and asked the judge for leniency. Franklin's actions were "a serious mistake," McCormack said, but didn't warrant a bad-conduct discharge or time in the brig.

Franklin gave a tearful, unsworn statement during the sentencing hearing, apologizing to the women, his command and the Navy.

Franklin also thanked his new wife - his third - for standing by him throughout the ordeal. They do not have sex without a condom, he said.

Kate Wiltrout, (757) 446-2629, kate.wiltrout@pilotonline.com