Jury hears 13-year-old girls rape accusation
Published 5:00 am Thursday, August 2, 2001
A 13-year-old Bend girl reported she was raped by her friend’s father after he allowed her to drink alcohol at his daughter’s slumber party in May 2000, a Bend police officer told a Deschutes County Circuit Court jury on Wednesday.
The 40-year-old father, charged with second-degree rape and first-degree sex abuse, denies the charges.
The girl told police the father had given her and his daughter alcohol, and the two girls mixed it with punch, Officer Kecia Weaver testified.
The 13-year-old told police she fell asleep on the couch in the mobile home of her friend’s family, and she woke up some time after 1 a.m. and was being carried by the father into his bedroom. She said she woke up a second time on his waterbed and her pants and underwear were off and she could see him taking off his pants, Weaver said.
”When she realized what he was doing, she tried to get up, but he pushed her down,” Weaver said. ”She began to cry, and (the father) told her she was having a bad dream.”
The girl told police the entire rape likely took a few minutes and she was only awake for 15 to 30 seconds of it. ”She said she thought she mumbled ‘no’ a few times,” while the assault occurred, Weaver said.
”When she woke up, she thought she had a bad dream until she saw she was wearing men’s white underwear,” Weaver said.
The girl, who reported the crime to pediatrician Mary Brown and then police about two weeks after it allegedly occurred, told police she had shoved the men’s underwear under a cushion in her friend’s daughter’s room, located in a camper next to the mobile home.
Police found the underwear during a search of the camper shortly after the 13-year-old reported the abuse.
The underwear contained seminal fluid from the father and a mixture of DNA from both he and the girl, Oregon State Police forensic scientist Pam Barnes testified.
Under cross examination by the father’s attorney, Jacques DeKalb, Barnes said the test did not show the DNA necessarily came from semen or vaginal fluids. The DNA could have come from perspiration or other bodily fluids, she said.
Deschutes County Deputy District Attorney Mary Anderson then rested the state’s case. The girl, her mother, her stepfather and her pediatrician testified Tuesday and Wednesday.
The daughter then testified that her father appeared very drunk to her on the day of her slumber party, noting he was drinking root beer and Jack Daniel’s whiskey.
However, she said her parents had no knowledge she and her friend were drinking.
She said she and the girl ”snuck” two shots of the whiskey when her father left the house and then drank his beer some time after 10 p.m. with her brother and another friend after her father had ”passed out” in the living room. Her mother had gone to work at 9:30 p.m., she told the jury.
The daughter said her friend was noticeably intoxicated because she was ”walking funny” and then she refused to go to bed in her room in the camper about 11:30 p.m.
She told the jury she returned to the house at both midnight and 1:30 a.m. to find the girl ”making out” with her brother with two cans of beer within arm’s reach. She said her father remained passed out on a couch nearby.
Sometime after 2 a.m., the daughter said she observed her friend sleeping in her parent’s bed, and her father remained on the couch and had not moved from the position he had been in earlier in the evening.
She said her friend began ”crying rape” the next morning after 7 a.m. when the friend came into her room wearing her father’s underwear.
The daughter said she searched the mobile home for her friend’s green underwear, but was unable to find them. Police never found the girl’s underwear during the search of the home two weeks later.
The daughter said her friend acted normally around her father that morning after telling her of the rape and even went to McDonald’s and the mall with them, never mentioning the rape again that day.
Under cross-examination, the daughter said she and her family had discussed all the police reports concerning the case against her father and how to show they were not true.
However, she said she was never asked to lie.
The father and his wife are expected to take the stand today, and the trial could finish up by 5 p.m.
If convicted on either charge, he would spend a minimum of six years and three months in prison.
Editor’s note: The Bulletin is not printing the name of the defendant to protect the identity of the girls involved in the case.