Police: Lower Windsor Twp. man accused of raping, assaulting girl

Ron Musselman
York Dispatch

A Lower Windsor Township man is accused of raping and assualting an underage girl while she was sleeping, according to a criminal complaint.

Kyle Matthew McGillvray, 19, of the 4900 block of East Prospect Road, is charged with one count of rape of an unconscious victim and two counts of sexual assault, all felonies, and two misdemeanor counts of indecent assault.

McGillvray was arraigned Thursday before District Judge John H. Fishel and was released on $25,000 unsecured bail.

He faces a March 12 preliminary hearing.

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According to the complaint, state police interviewed the victim Oct. 9 at the York County Children’s Advocacy Center.

She said that she and McGillvray had been dating for two years and were physically intimate. In early 2019, the female told McGillvray she wanted to stop engaging in physical intimacy, the complaint said.

She told state police about two incidents involving McGillvray. She said he was at her home twice in mid-May when he sexually assaulted her in the bedroom.

During one of the incidents, the victim said she fell asleep and awoke to McGillvray assaulting her.

She said a few days later she awoke to McGillvray on top of her having sexual intercourse, the complaint said. The girl said McGillvray's hands were on her arms, but she pushed him off and ran to the bathroom. When she returned, she told him to leave, the complaint said.

After both incidents, the  girl confronted McGillvray via text messages, which were turned over to state police.

On Nov. 15, officials interviewed McGillvray, who admitted to having sexual intercourse with the girl while she was sleeping on both May 10 and May 15, the complaint said.

When the female woke up during the act and asked McGillvray what he was doing, police said he responded by saying, “I’m sorry,” police allege. 

— Ron Musselman can be reached at rmusselman@yorkdispatch.com or via Twitter at @ronmusselman8.