State v. Phelps

Defendant appeals his jury conviction of rape in the first degree, ORS 163.375(l)(d). We affirm.

The alleged victim is mentally handicapped and suffers from an extreme form of autism. As a result of her disabilities she is a resident of Oregon Community Support (OCS), a state-licensed residential treatment facility. Her condition generally requires one-on-one staff attention to manage her disabilities. Defendant worked at OCS and was one of the victim’s primary care-givers. In October 1993, while at work, defendant engaged in sexual intercourse with the victim. Subsequently, he was charged…