get_posts returning comments aswell

I have a plugin that I wrote for a sitemap, and was originally using query_posts, have now swapped over to using get_posts instead but since doing this I have noticed that for the posts it returns if there is any comments on the posts it will show them at the bottom of the sitemap and with a box to leave a comment despite me having comments turned off for the page.

Is there anyway to stop this when using get_posts.