Last GI sentenced in sexual assault case gets 54 months
VILSECK, Germany — Spc. Kevin L. McIlwain was found guilty of rape, forcible sodomy and indecent acts and sentenced to 54 months of confinement Friday over an April 12 sexual assault on a then 19-year-old Nuremberg college student.
McIlwain was initially charged with adultery as well, but that charge was dropped.
McIlwain, from 1st Battalion, 4th Infantry Regiment based in Hohenfels, was the last of three soldiers to be tried in the incident. Pfc. Derick Williams was sentenced Dec. 22 to 10 years, but his sentence was reduced to no more than 61 months because of a plea agreement. Spc. James Blow was sentenced Wednesday to 12 years of confinement. All three also were sentenced to forfeiture of all pay and allowances and reduction in rank to private.
Blow and Williams, who both had a number of other charges preferred that weren’t related to the sexual assault, received dishonorable discharges. McIlwain received a bad conduct discharge.
The sexual assault occurred April 12 at Hohenfels after Blow brought the college student to his barracks room from a nightclub in Regensburg. Blow and the victim had consensual sex, then Blow took her into McIlwain’s room to try to get her a ride home and left her there with the defendant, the victim testified.
The victim and McIlwain both testified that McIlwain offered to give her a ride to the train station if she had sex with him. The victim said she refused and that McIlwain raped her. McIlwain said that the victim agreed to have sex with him.
Blow and Williams testified that they heard loud noises coming from McIlwain’s room, as if the two were arguing.
The victim said that McIlwain later allowed Williams and Blow into the room and forced her to perform oral sex on Williams as McIlwain raped her and Blow watched.
The victim testified that she looked at Blow for help, and that McIlwain said: “She’s looking at you like you’re going to help her; no one can help you now.”
Testimony from Blow and Williams backed that up.
McIlwain testified that all three were lying.
During Blow’s trial, witness testimony and statements portrayed McIlwain as orchestrating the incidents that occurred in his room and being the first to rape the student. Blow was convicted of raping her later in his room, where she eventually jumped from a second floor window to escape.
The seven-member panel that heard McIlwain’s case took just 45 minutes to come back with a guilty verdict. The panel began with 12 members, but five were excused at the onset of the court-martial during interviews of the panel by the government and the defense.
The lead prosecutor, Capt. Dan Stigall, said during the sentencing closing arguments that the panel should make McIlwain’s punishment severe enough to deter other soldiers from committing rape.
“It should be severe enough to deter not only the accused, but soldiers in the barracks,” he said.
The defense counsel, Capt. Clinton Campion, argued that McIlwain had never been in trouble before.
“What happened in that room has been determined to be a crime, but it never happened before, and hasn’t since,” he said.
McIlwain’s wife, Tika, testified that at the time of the incident in her husband’s room, the two were talking of getting divorced. However, they had agreed to work things out before charges were preferred against him.
“Kevin is a wonderful man,” she said. “There is nothing in the world he would not do for me and our son. This is far beyond anything Kevin would ever do.”