Student pleads not guilty to sexual assault
Jeremiah Haggerty
Issue date: 2/3/10 Section: News
A Castleton State College student has been charged with sexually assaulting another student.
Kevin J. Magee, of Otego, N.Y., pleaded innocent Jan. 25 in Rutland District Court to a charge of sexual assault without consent, Castleton Det. Gary Boutin said Sunday.
Magee, a junior at Castleton, was released on a number of conditions including a 9 p.m. to 6 a.m. curfew with an exception for classes and a condition that he not purchase, possess, or consume alcohol, according to a Rutland Herald article printed Jan. 29 and verified Sunday by Boutin.
Boutin said Magee sexually assaulted a female acquaintance during a party at his apartment at 11 Main St. on Nov. 6. Magee did not return e-mails seeking comment on the arrest.
The female, who filed the complaint with police, said she drank four beers at McGee's home before falling asleep in a bedroom, Boutin said. She told police she was later awakened by Magee who led her into his room where she fell asleep on his bed. She said she woke up in the early morning hours of Nov. 6 to find that she was partially undressed with Magee laying next to her and touching her, according to the affidavit referred to in the Rutland Herald and verified by Boutin.
Although a school official said in last week's Rutland Herald article that the school only learned of the incident recently, Boutin said that's not the case.
"The school nurse was involved since day one," Boutin said. "(And) the security chief sat in on the statement I took from a dorm official who had been with the victim after the assault."
Boutin said he suspects the discrepancy was due to a communication problem.
Ennis Duling, communication director at Castleton, clarified Monday that the school was aware of the incident, but only learned of the arrest and a formal complaint days earlier.
Sexual assaults at CSC haven't been a prevalent issue since fall 2007 when two separate rape allegations were made from incidents in the South St. parking lot.
Kevin J. Magee, of Otego, N.Y., pleaded innocent Jan. 25 in Rutland District Court to a charge of sexual assault without consent, Castleton Det. Gary Boutin said Sunday.
Magee, a junior at Castleton, was released on a number of conditions including a 9 p.m. to 6 a.m. curfew with an exception for classes and a condition that he not purchase, possess, or consume alcohol, according to a Rutland Herald article printed Jan. 29 and verified Sunday by Boutin.
Boutin said Magee sexually assaulted a female acquaintance during a party at his apartment at 11 Main St. on Nov. 6. Magee did not return e-mails seeking comment on the arrest.
The female, who filed the complaint with police, said she drank four beers at McGee's home before falling asleep in a bedroom, Boutin said. She told police she was later awakened by Magee who led her into his room where she fell asleep on his bed. She said she woke up in the early morning hours of Nov. 6 to find that she was partially undressed with Magee laying next to her and touching her, according to the affidavit referred to in the Rutland Herald and verified by Boutin.
Although a school official said in last week's Rutland Herald article that the school only learned of the incident recently, Boutin said that's not the case.
"The school nurse was involved since day one," Boutin said. "(And) the security chief sat in on the statement I took from a dorm official who had been with the victim after the assault."
Boutin said he suspects the discrepancy was due to a communication problem.
Ennis Duling, communication director at Castleton, clarified Monday that the school was aware of the incident, but only learned of the arrest and a formal complaint days earlier.
Sexual assaults at CSC haven't been a prevalent issue since fall 2007 when two separate rape allegations were made from incidents in the South St. parking lot.
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