Air Force Major General Phillip Stewart Faces Court-Martial for Alleged Rape of Subordinate

Major General Phillip Stewart was stripped of his command a month after allegedly raping a female subordinate last April

Major General Phillip Stewart, former commander of the San Antonio-based 19th Air Force, went on trial Monday for allegedly raping a female subordinate at Altus Air Force Base in Oklahoma in April 2023. Stewart, who pleaded not guilty to the rape charge in March, admitted to two lesser charges during the court-martial's opening day at Fort Sam Houston in San Antonio.

Stewart pleaded guilty to extramarital sexual conduct and dereliction of duty, violations of the Uniform Code of Military Justice, stating, "I am guilty of pursuing an inappropriate relationship. I was aware not to have an unprofessional relationship." At the time of the alleged incident, Stewart was married, though it was revealed during the hearing that he is now divorced.

Stewart is only the second Air Force general to be court-martialed, following Major General William Cooley's 2022 conviction for abusive sexual contact with his sister-in-law. If convicted of all charges, including sexual assault and conduct unbecoming of an officer, Stewart faces up to 63 years in prison.

Lieutenant Generals Caroline Miller, left, and Kevin B. Kennedy are among the eight jurors that will decide Stewart's fate

In military trials, guilty pleas to lesser charges do not influence more serious charges. Unlike civilian courts, military judges require a factual basis for accepting guilty pleas. Stewart maintains the relationship was consensual, claiming the alleged victim never expressed non-consent.

Prosecutors argue the power imbalance made it difficult for the subordinate to refuse without fearing career repercussions. Stewart was relieved of his command a month after the alleged rape due to a "loss of confidence in his ability to lead."

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, composed of eight three-star generals, will decide Stewart's fate. A conviction requires agreement from six of the eight jurors. In contrast to civilian trials, where a unanimous verdict is needed, military juries operate differently. Jury selection saw 18 generals scrutinized for bias, with nine ultimately chosen. The defense exercised a peremptory challenge, reducing the number to eight.

If found guilty of only the lesser charges, Stewart could face reprimand, fines, salary forfeiture, or up to 18 months in jail. Among the jurors deciding his fate are Lieutenant Generals Caroline Miller and Kevin B. Kennedy.