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Major General Phillip Stewart went on trial Monday for allegedly raping a female subordinate last year.
The former commander of the San Antonio-based 19th Air Force, which oversees all pilot training, is accused of sexually assaulting a female officer at Altus Air Force Base in southwestern Oklahoma in April 2023 - charges he pleaded not guilty to in March.
During the opening day of his court-martial at San Antonio's Fort Sam Houston, Stewart instead pleaded guilty to two lesser charges - extramarital sexual conduct and dereliction of duty, which are both violations of the Uniform Code of Military Justice.
“I am guilty of pursuing an inappropriate relationship,” Stewart said to the judge. “I was aware not to have an unprofessional relationship.”
At the time of the alleged rape, Stewart was married, according to Stars and Stripes. But it was revealed during the court hearing that he is now divorced.
Major General Phillip Stewart was stripped of his command a month after allegedly raping a female subordinate last April
Stewart is the second Air Force general in history to be court martialed, with the only other being Major General William Cooley. Cooley was convicted in 2022 of abusive sexual contact with his sister-in-law by one military judge.
If convicted of all the charges against him - which also include sexual assault and conduct unbecoming of an officer - Stewart faces as much as 63 years behind bars, San Antonio Express-News reported.
There are some key differences in a military trial when compared to a regular criminal case for a civilian.
For one, Stewart's guilty plea on the lesser charges have no effect on the more serious charges against him.
Unlike in civilian trials where prosecutors negotiate with the defense to come to a fair plea deal that judge must accept, military judges cannot accept a guilty plea unless 'there is a factual basis for the accused’s plea.'
Stewart claims that he was engaged in a consensual affair with the woman, hence him pleading guilty to extramarital sexual conduct.
He says his alleged victim never said 'no' to his advances and didn't take any action that suggested to him she wasn't okay with having sex with him.
Prosecutors made the argument that since the woman was beneath him in rank, she was put in an impossible situation where saying 'no' could have harmed her career, or worse.
A month after the alleged rape occurred, Stewart was stripped of his command 'due to a loss of confidence in his ability to lead.'
He will face a jury composed of eight three-star generals, and if six of the eight agree on his guilt, he will be convicted.
For a civilian facing trial, a jury of their peers must unanimously vote to convict.
Lieutenant Generals Caroline Miller, left, and Kevin B. Kennedy are among the eight jurors that will decide Stewart's fate
US Army military policeman patrols the area around the U.S. Army Installation Management Command at Fort Sam Houston in San Antonio, Texas
The jury wasn't in court Monday morning when Stewart pleaded guilty, San Antonio Express-News reported.
The jurors had to outrank Stewart in order to be considered, per military law, which limited the pool to just three-star and four-star generals. Two-star generals with more experience than him were also considered.
Jury selection was conducted Saturday night, with a total of 18 Air Force generals getting called to Fort Sam Houston to be scrutinized by counsel for bias, a process known as voir dire.
After lawyers asked a sufficient number of questions ascertaining potential jurors' ability to weigh the evidence impartially, nine generals were left.
The defense team exercised its peremptory challenge, allowing them to excuse a juror for no stated reason. The prosecution didn't elect to do the same.
If the jury eventually finds that Stewart didn't commit sexual assault but was guilty of extramarital sex and dereliction of duty, he could be reprimanded, fined, ordered to surrender his salary or be sentenced to 18 months in jail.
Lieutenant Generals Caroline Miller and Kevin B. Kennedy are among the eight jurors that will decide Stewart's fate.