Guilt denied in college sex case
Toolbox
By Susan Smallheer STAFF WRITER - Published: October 29, 2009
BRATTLEBORO – A 19-year-old college student at Landmark College pleaded innocent Wednesday to charges he sexually assaulted a fellow student, who has the mental capacity of a 10- to 12-year-old.
Reed L. Stewart of Libertyville, Ill., a Chicago suburb, was ordered held for lack of $20,000 cash bail after District Judge Karen Carroll rejected a defense suggestion that he be held on a minimum appearance bond.
According to Vermont State Police affidavits filed in the case, the female student let Stewart into her dorm room early Friday morning while her roommate was there and they had both been asleep.
But she told police that while she initially wanted to have sex with Stewart, she asked him to stop at one point and he refused.
The girl, who is 18 years old, but has the mental capacity of a 10- or 12-year-old due to a nonverbal learning disability similar to autism, reported the incident to her parents via an e-mail, who in turn notified Landmark College officials, who called the state police.
The girl was diagnosed with pervasive developmental disorder, not otherwise specified, or PPD-NOS, which "is on the autistic spectrum and very similar to Asperger's syndrome," the police affidavit stated.
"According to the (girl's) parents, although she is 18 years old, she has the mentality of a 10- to 12-year-old girl," wrote Detective Richard Holden.
Landmark College, which is in Putney, specializes in junior college classes for students with learning disabilities, such as dyslexia.
The girl told police that Stewart told her to take off her clothes and that if she didn't, he would do it for her, so she complied.
After initial sexual contact, the girl told Stewart to stop because it hurt.
"She advised that after several gentle pleas to stop, she had to become aggressive with him … and yelled, 'Please stop now!'" the affidavit stated.
The girl told police the assault continued for 15 to 20 minutes, until a neighboring student knocked on her door and Stewart left.
At the end of the interview with police officers, the girl told police that she "wanted to have sex with Stewart, but when it began to hurt, she changed her mind."
Stewart told police officers at first that he and the female student did not have sex, but then changed his story and said they had – a week earlier.
Stewart later told police that he did go to the girl's room Thursday night, and that at first it was consensual, but then she asked him to stop. He said he stopped after a minute.
He told police he knew the girl had a learning disability.
Carroll noted that Stewart had charges pending against him in Chicago, including leaving the scene of an accident with property damage and driving while under the influence, stemming from an accident in May.
According to police, Landmark College police said they had had "several" issues with Stewart over alcohol issues, even though Stewart told police that he didn't drink alcohol or do drugs.
Defense attorney Daniel McManus of Bennington told the judge, who ran the hearing via telephone conference call, that Stewart's mother, Cindy Stewart, had flown to Vermont from Chicago to help her son resolve the case. He suggested a $10,000 appearance bond, or 10 percent cash.
McManus said Cindy Stewart worked for Delta Airlines and thus air transportation wouldn't be an issue for Reed Stewart getting back and forth to Vermont during the case.
But the judge rejected McManus' suggestion, noting that Stewart faced a potential life in prison under the sexual assault law and he had no ties to the area and had been, at least for the time being, suspended from Landmark.
In the event that Stewart posted the $20,000 bail, he was ordered not to have any contact with the girl and not come within 300 feet of her.
susan.smallheer@rutlandherald.com


9