dme court

CHICORA — An attorney representing a Fenelton man argued Tuesday, July 8, that his client, who is accused of rape, should see charges withdrawn because there was no testimony regarding forcible compulsion from the now-18-year-old girl at the hearing.

Despite the argument, District Judge Lewis Stoughton held all charges against Isaac Robert Merle Orr, 21, who was accused of raping a 12-year-old girl four times at two different residences in Clearfield Township and Fenelton when he was 15.

He was charged in February with four felony counts each of rape, sexual assault and aggravated indecent assault, and three misdemeanor counts of indecent assault.

The woman testified she and Orr met on Snapchat and became friends in July 2019. She said Orr visited her former stepfather’s home to play video games with her one day where the first incident allegedly occurred.

The woman testified Orr took her into the bathroom while the home’s other occupants were outside and told her to take her pants off before he began having intercourse with her. The woman said Orr held her against the bath with his hand. Orr reportedly stopped when he heard someone enter the front door of the home.

The woman said she and Orr occasionally kept in contact on Snapchat and Instagram, and Orr apologized between the first and second incident for “the way he treated her.” The woman said she did not know specifically what the apology was referring to.

The other three instances allegedly occurred in August, September and October at Orr’s residence in his locked bedroom. The woman said each time, she and Orr were in his room playing video games. She said she believes Orr’s mother was home at the time but does not know where.

The woman said she did not remember the details of each incident, but close to the same thing happened each time. She said she and Orr would be sitting on the edge of the bed playing video games, then Orr would take off her pants and initiate intercourse.

The woman said she did not speak up out of fear but would wiggle backward out from under Orr before he pulled her back.

In December, the woman helped state troopers set up a recorded phone call between her and Orr when she asked him what his previous apology was for.

The Pennsylvania Crimes Code defines forcible compulsion as the “use of physical, intellectual, moral, emotional or psychological force, either express or implied.”

Assistant district attorney Laura Pitchford argued the forcible compulsion definition was met when Orr held the woman with his hand, closed the bedroom door and pulled her back when she pulled away.

Orr’s formal arraignment is scheduled for 1 p.m. Aug. 26 in Butler County Common Pleas Courtroom 5. He’s represented by attorney Charles Pascal.