The highest court for the U.S. armed forces has agreed to hear the appeal of a Kansas airman convicted of assault for exposing multiple sex partners to HIV at swinger parties in Wichita.

The attorney for David Gutierrez said Friday the case will set the standard across the military as to what evidence is necessary to prove someone can cause “grievous bodily harm” after testing positive for HIV.

The court in an order Tuesday also agreed to decide whether the airman committed adultery since his wife also joined in the sex parties.

Gutierrez was a sergeant serving at McConnell Air Force base when he was sentenced in 2011 to eight years in prison and stripped of his rank. He was convicted of aggravated assault among other charges.