By Sharyn L. Decker
Lewis County Sirens news reporter
Caution: The following news story about the testimony of an alleged teenage rape victim contains passages that are graphic and not suitable reading for all audiences.
CHEHALIS – When the teenage girl from Pe Ell spoke yesterday in court about the day last summer when the 51-year-old man she knew as a softball coach and mentor allegedly had sex with her against her wishes, the prosecutor asked her: Why didn’t you leave?
Todd D. Phelps
The now-17-year-old and the defendant Todd Phelps had been kissing on a couch after she pulled her pants partway down to show him the cuts she’d made on her upper thighs – because he’d asked – and he suddenly pulled off her pants and subsequently her panties, she testified.
“He asked if we were gonna have sex, I shrugged my shoulders,” she had just told Lewis County Deputy Prosecutor Will Halstead. “He asked me to follow him in the bedroom.”
Phelps had grabbed a towel and her pants and carried them with him, she told Halstead. She stayed on the couch for three or four minutes, she said.
“I’m thinking in my head I want to leave,” the girl testified. “But I can’t, because my pants aren’t there.
“I also didn’t want to hurt him, I didn’t want him to think I didn’t appreciate him, respect him.”
She went to the doorway of the bedroom, she said.
A jury of six women and six men are hearing the case in Lewis County Superior Court that began on Tuesday and will continue into next week.
Phelps is charged with third-degree rape as well as second-degree sexual misconduct with a minor in connection with encounters last spring and summer with the high school student.
The prosecution is arguing Phelps is a man who gradually seduced a girl already troubled with low self esteem and depression. She has testified she’d never even been kissed before the startling kiss from her coach.
The allegation regarding the rape charge is her lack of consent was clearly expressed by her words or conduct, according to charging documents.
Defense attorney Don Blair in his opening statements spoke of a coach who became close to the girl because he was worried when he learned she was cutting on herself and thought she might even commit suicide.
Blair has told the jury he doesn’t know why she is saying these things about his client and Phelps at no time thought the relationship was inappropriate.
When the teenager took the witness stand on Thursday afternoon, she spoke of “the kiss” and texting that led to the suspension and end of the assistant fast pitch coach’s job.
On Friday morning, when her testimony continued with questions from the prosecution, she spoke of mid-April of last year as rumors and taunting at school followed Phelps’ suspension.
“Did you love him?” Halstead asked.
“Yes, as a “father”, as a mentor, as a, not a romantic love,” she said.
She had already testified she was angry at her parents, and at the youth pastor’s wife who broke her confidence and told the school about the kiss that ‘freaked her out.” She indicated she felt her coach was the only one she could still confide in.
Days later, however, Phelps and his wife met with her parents, she thought because he wanted to straighten things out so he could continue to coach, she testified.
Instead, he told them all her “secrets” like about her cutting, trying drugs, sneaking out and things she’d confided to him about a friend and rape, and about other friend and suicide, she told Halstead.
Phelps had told the school district superintendent the kiss was on her forehead and the texting would stop, that he was only trying to help the teen.
After the meeting, her father and Phelps appealed to the school, successfully, not to let him go.
At the next softball practice, she still was very angry at her coach, but he spoke to her in the dugout, she testified.
Phelps told her he’d been married twice and never loved anyone as much as her, the girl told Halstead under questioning.
“How does that make you feel?” the deputy prosecutor asked.
“I’m like flattered, at the same time scared, but not too scared,” she answered.
About a week later, she was caught in class texting with her coach, she testified. He was forced to quit.
She was upset, feeling like the team – which had taken the state championship the year before – would crumble and she would be blamed, she testified.
Under questioning, the girl described how for the next three months the two continued to communicate using her friends’ phones and also when she gave him the password to her email account, so he could use it to send messages to her on it.
“What did you think the relationship was?” Halstead asked her.
“I was really confused cause I didn’t know if it was like a romantic love, or coach,” she said. “I wanted it to be just friends.”
Halstead drew from her the content of some of the communications, that she had already told to a detective.
Her coach sent her a song called “Sex” and told her there were rumors they were doing it, and he wished it were true, she testified.
Phelps continued to talk about sex, saying things like orgasms fix migraines and how he would be gentle with her, she testified.
She testified Phelps told her the age of consent was 16, but she would be worth going to jail for.
“When he was saying all this stuff, I was trying to come up with ways to say no without hurting his feelings,” she said.
He told her to meet him one day last July to meet him at his brother’s house in Pe Ell, she testified. She walked there.
“I was like scared my parents would find out,” she testified.
Phelps asked if she was nervous, she told Halstead. “I said a little bit,” she said.
He held her hand, gave her a hug, she said.
They sat on a couch.
“He asked about cutting, he asked if I was going to show him,” she said.
He unbuttoned her pants, she stood up, he pulled her towards him and looked at them, felt them, she said.
“He says, I can’t believe you’re doing this to yourself,” she said.
“He says, why don’t you take these off,” she said. “I said no, I want to leave my pants on.”
The teenager testified Phelps pulled her pants down to her ankles, and then pulled her on top of him onto the couch.
“What happens next?” Halstead asked.
The girl said Phelps kissed her and she didn’t kiss him back. Then he kissed her more.
“I kissed him back a little,” she said.
She continued to testify: He put his hand down her panties, she pulled it out.
The second time he did it, he’s saying she should like it, she said. She pulled away, turned her face so he couldn’t kiss her and then sat up and got off of him, she said.
Phelps came her way and then laid her down on her back, she testified. He grabbed her panties and pulled them off, she said.
“I don’t think I said anything, but I covered up my private area,” she said.
He asks doesn’t she want him to see and she says no, she said.
“He says you can trust me,” she said. “So I’m like, trying to trust him.”
But instead, she said, he actually put his fingers inside of her and it hurt, she testified.
Warning number two: The story the girl told in court under oath may be troubling to readers. Any reader who doesn’t want to feel troubled, should stop reading.
In her head, she’s still thinking he’s still a good guy, she said.
That’s when he asked her to follow him into the bedroom and she eventually went to the doorway of the room where her pants and Phelps were, according to her testimony.
The girl paused at times to drink from a bottle of water she brought to the witness stand.
She only occasionally and briefly took her eyes from her questioner, with glances toward Phelps sitting next to his lawyer and a half dozen people in the benches behind him.
The teenager testified Phelps began kissing her, then picked her up and laid her on the floor on top of the towel.
He testimony continued with the following account:
He puts his hand on her “privates” and puts her hand on his penis.
He told her the easiest way to have him get hard is oral sex. He puts his penis by her face and she turns her head.
“He kinda laughed, cause he knew I wasn’t going to do that,” she testified. “He said fine, I’ll do it on you then.”
She clenches her legs together.
“I said, please don’t do this, this is really gross,” she testified.
She puts her hand on his chin, but he goes ahead.
He continued.
“No please. Don’t please. Don’t,” she testified she said.
“Did you think you could stop him?” the prosecutor asks.
“Yes,” she answered.
“He’s laughing, he’s like, did I give you an orgasm?” she testified.
She was shaking.
He had his penis in her private spot. He asks if he is inside her.
“I said no, but wait, I don’t want to do this,” she testified.
The girl continued, answering questions from the prosecutor. She had previously asked her grandparents and parents to stay out of the courtroom while she testified.
“I was in extreme pain, it hurt really bad,” she testified.
“I was trying to tell myself he’s a good guy and he’s doing this because he loves me,” she testified.
“He said if I don’t quite making noises, he’s going to come,” she testified.
Prosecutor Halstead: “What kind of noises?”
“Kind of like ‘ouch’ sounds,’ she answered.
Under further questioning, she said there was blood on the towel beneath her, a spot larger than a hockey puck, smaller than a dinner plate.
Some soaked onto the carpet, she testified.
“He said, I knew that was gonna happen,” she testified.
He cleaned it up. She went to get her panties.
Her phone was vibrating; it was her mother who told her she had to get home, she said.
He tried to kiss her.
“I moved so he could kiss me on the cheek,” she testified.
She went home.
“I felt little, I felt like, weak,” she testified.
“I realized my parents were right,” she said.
When she got home, her parents were upset because they’d learned she’d been talking to her coach, she testified.
She fled to the house of the youth pastor and his wife.
According to previous testimony, nobody was home there; she went though the door and locked herself inside.
She laid on the hardwood floor and cried for about a half hour, the girl testified.
She hasn’t had any contact with him since, according to her testimony.
•••
For background, read:
• “Pe Ell rape trial: Girl tells of kissing” from Friday April 20, 2012 at 9:07 p.m., here
• “Trial opens for former Pe Ell coach accused of sex crimes with teen” from Wednesday April 18, 2012 at 8:43 a.m., here
Tags: By Sharyn L. Decker, news reporter
I meant to type when “she” said no he didn’t stop
That little dig you just made ……says: “She’s wrong for starting the entirety thing too… ” means you are part of the problem in society.
We have laws to prevent a person of authority from taking advantage of our youth when they are vulnerable for a reason. That’s why he is guilty. What are you going to say next, she wore her make up too dark, shorts to short, and on and on….
Then to top if off when he said no he didn’t stop; that’s RAPE.
Sick fuck… Very sick… She’s wrong for starting the entirety thing too… But Todd should know better. Let him get ass fucked in prison 🙂
As for the victim in this particular case, let’s hope that Phelps’ altruistic assistance (that was a joke) of this child doesn’t result in her actually committing suicide one day – because his “alleged” behavior has increased the odds of this happening, exponentially.
Even IF there was no sexual contact, and I believe there was . . . . does the manner in which the defendant behaved towards this teenage girl sound like the behavior of a caring, adult mentor or a selfish bastard with his own agenda?
get a clue said: “Only about 31% of teen sexual abuse incidents are reported. Social stigma, fear of retribution and the trauma of not being believed stymie reports of teen sexual abuse. Additionally, the low probability of an arrest or substantial prison sentence for the perpetrator can cause reluctance on the part of teen sexual abuse victims to report.”
This is exactly why I didn’t tell anybody when it happened to me at 15. It was humiliating enough without having to be re-violated by medical staff gathering evidence, doubted, and then forced to relive the incident repeatedly by telling the story over and over. I keep it buried for the most part, and I almost never talk about it. It’s easier to forget that way.
get a clue also said: “Female victims of teen sexual abuse while in grades 9 through 12 are more likely than others to experience eating disorders, suicidal behavior, pregnancy and risky sexual behaviors.”
So true. You should add drug and alcohol addiction to that list. I have yet to meet another woman that has gone through this that doesn’t have at least one or two of these issues that they’ve dealt with their entire lives. Believe me, an experience like this DOES screw a person up.
justiceforall – when I read those song lyrics it made me want to vomit. Any 50 something guy who has the audacity and lack of foresight to pursue a teenage girl is a perverted, demented scumbag. If she needed help, and he really cared, he’d have pointed her in the right direction. To a professional. And why didn’t her parents question their daughter’s relationship with this weirdo? For any parents who don’t already know this: Any adult who takes anything more than even a fleeting and passive interest in your child had better be watched very, very closely. Better yet, take no chances and don’t let them anywhere near your child(ren).
Statistics regarding teen sexual abuse
While female teenagers are more likely to be sexually abused that male teenagers, cultural, racial and economic factors do not seem to have an effect on the likelihood of becoming a victim of teen sexual abuse. Here are some teen sexual abuse statistics:
1 in 4 girls (25%) are sexually abused by the age of 18.
Most teen sexual abuse victims (7 in 10, or 70%) know their abuser. It is generally a family member, or someone close to the family.
Of female Americans who are raped, 54 percent of them experience this type of sexual abuse for the first time before they are 18.
Teenagers account for 51% of all reported sexual abuse
Teenagers between the ages of 16 and 19 are 3.5 times more likely than the general public to be victims of sexual abuse.
69% of the incidences of teen sexual abuse occur in a residence.
23% of all sexual offenders are under the age of 18.
Female victims of teen sexual abuse while in grades 9 through 12 are more likely than others to experience eating disorders, suicidal behavior, pregnancy and risky sexual behaviors.
Statistics regarding the report and prosecution of teen sexual abuse
Only about 31% of teen sexual abuse incidents are reported. Social stigma, fear of retribution and the trauma of not being believed stymie reports of teen sexual abuse. Additionally, the low probability of an arrest or substantial prison sentence for the perpetrator can cause reluctance on the part of teen sexual abuse victims to report. Here are teen sexual abuse reporting and prosecution statistics:
When sexual abuse is reported, the probability that an arrest will be made is 50.8%.
When teen sexual abuse does occur, the overall probability that the perpetrator will be sent to prison is 16.3%. – The average sentence for the perpetrator of a teen sexual abuse crime is 128 days.
Of men incarcerated for rape, a form of sexual abuse, 80% of them reported that their victims were under the age of 18.
Sexual Abuse Statistics Main source material: “Statistics,” Sexual Violence. Pennsylvania Coalition Against Rape. [Online.]
Realities of Sexual Violence: http://www.pcar.org/realities-sexual-violence
Okay….. An adult male who insists he never had an inappropriate relationship with a sixteen year old girl sent her the song below, which is ironically from the 1970’s and not likely something she would even listen too. Yeah right… or wait, maybe his wife or one of his daughters used his phone and sent it to her because they missed her. But wait… tomorrow they are likely going to say the opposite. I cannot imagine they could say anything credible at this point. I can only see them looking foolish for believing in a man like Todd. The wife was present with him when he last broke the protection order and tried to use the good deed card delivering wood the the disadvantaged. Please….
“Without You”
No I can’t forget this evening
Or your face as you were leaving
But I guess that’s just the way
The story goes
You always smile but in your eyes
Your sorrow shows
Yes it shows
No I can’t forget tomorrow
When I think of all my sorrow
When I had you there
But then I let you go
And now it’s only fair
That I should let you know
What you should know
I can’t live
If living is without you
I can’t live
I can’t give anymore
I can’t live
If living is without you
I can’t give
I can’t give anymore
Well I can’t forget this evening
Or your face as you were leaving
But I guess that’s just the way
The story goes
You always smile but in your eyes
Your sorrow show
Yes it shows
I can’t live
If living is without you
I can’t live
I can’t give anymore
I can’t live
If living is without you
I can’t give
I can’t give anymore
Yep, sounds like the same old Todd Phelps I remember back in High School. They don’t call it arrested development without reason, as Toddie boy found out.From what i’m reading my hunch is he is gonna be a fish in a couple months.
Really Ryder(amazing,descriptive,photograghic recollection a year ago)Well idiot apparently you have never had anything HORRIFIC i mean HORRIFIC happen to you!!Well GOOD for YOU!! Cause if you did you would realize something like this you DO NOT FORGET NOT FOR 1 DAY OR FOR 1 MINUTE!!! So i’m freaken glad you have never gone through somethig like that cause i no for a FACT that I myself have an (amazing descriptive, photographic recollection 15 years ago,you IDIOT!!!So before you run you BIG ASS mouth, think about it!!As far as Todd goes, he is and always be a sick fuck,so let the 40 other women in on a little secret,names might start flying!!! Another thing, it is just a matteroftime:)
A Sexual Encounter between a 52 yr old man and a 15 yr old girl may not be rape, but it is a very sick man to even try it. So if it is not RAPE, then what the heck is it? A 15 yr old can not Consent to have sex. Isn’t that the LAW?
The girl seems to have an amazing, descriptive, almost photographic recollection of incidences that happened almost a year ago. I suppose that could be complete script practicing or truly engrained memory. Painful experiences are usually expressed in this manner? I must admit, the amount of texting referenced here is excessive and implies a lot of contact, but the texts and emails have not proven a sexual encounter much less a rape. (unless I missed that here in the read). So I understand the boundry issue. I am still waiting to hear what the evidence is. A story is just that: a story. Now I know some of you will say why on earth would she put herself through this pain and embarassment if it was not the gospel truth. The truth is, there are many disturbed people in the world and depending on their illness, this kind of attention is a desire and a true need for some. Think about mother’s who intentionally harm their own kids for the sympathy they get by doing so.
I’m not sure what I’d do on a jury if I had to remove all emotion and weigh the evidence for a rape conviction with no immediate report of rape, no physical evidence and no witnesses to the rape.
The fact of the matter is that one is the educated adult and the other is a young adolescent teenager….no matter who’s story is the real truth…texting with a student ect. About anything but school or team oriented IS INAPPROPRIATE! He should be punished for his choices! He is the one who crossed the line….no matter the sexual truth is!! I have a daughter and two sons and if I found out a teacher or coach was texting personally with one of my children off with his or her job and whatever else that would be in my control without landing me in jail. To the teenage girl in PE Ell….my heart goes out to you no matter what the truth is. You have the whole world ahead of you….God loves you.
Did the trial resume today? Are you writing another article about the testimony?
Anyone who concludes from articles in the newspapers absolute guilt or innocence, liar or truth teller has some explaining to do. It is just not possible to know either way. That being said there have been several statements presented that do point to guilt or innocence, liar or truth teller. As expected it doesn’t look too good for Todd right now because only the prosecution has presented their case. I am interested in who the defense has testifying. If it isn’t more than his family members, he may be in big trouble. So far his co-worker who testified about his comments weighs heavily for the prosecution. People just don’t make up that stuff and anyone who knows the co-worker and his demeanor knows his credibility. And for every one person who could insult his credibility you would have five that could testify the opposite. Additionally there are the 2700 text messages, facebook chats, and emails. That is substantial especially if several occurred after the resignation. We all know that is not normal, right folks???? We have to also understand that this is not just and naïve man that hasn’t a clue about behavior and conduct standards regarding teenage females. He has likely been educated (mandatory training educated). I believe on this very site a supporter of Todd’s insisted that he had been counseled and taught about appropriate boundaries and knew the difference. There would be no way he could do those things. We all know and can agree the buttocks lift, texting, whispering, secrets, admitting counseling without credentials all for a girl who clearly was having emotional difficulty (which is not uncommon nor predictor of mental illness) would NEVER occur by a responsible and emotionally mature male without an agenda. In fact the opposite is true, they would run like hell fully aware of the consequences and implications on not only his reputation but on hers.
I would also find it amazing if you were female, and not attached to the defendant’s life, how you could not be moved by the victim’s testimony. Not many females in their teens escape being approached by the type of man she describes. Older males on the prowl for teenage victims have similar patterns of doing and saying things that females usually detect in an instant. As females we educate our daughters, granddaughters, nieces, children of friends and all who will listen in order to keep them safe. However, when you are naïve or distracted by stress and trauma those predatory men can sometimes find their way in when they say or do just the right thing.
Let’s just say he did nothing sexual towards her , let’s say
She’s lying , let’s even go as far as saying she wanted him
Let’s just say he was such a great friend to a little girl that her life was more important than his family his coaching position his life kinda sounds like you act when you love somebody willing to throw it all away for that one person , scouting games with just her saying his name is dr. Todd come on
I can’t believe there are people who can read this and think she is lying. It must be hard to have to repeat the story in front of other people and have to go into detail. I hope he is found guilty and rots in jail for the rest of his life.
@Disgusted: Amen, and Amen!
Ahhh, the online feeding frenzy of those who are not involved, yet think they know the bottom line and have to have the last word. Now THIS is entertainment! Can’t wait for the next tragedy so we can capitalize on the evil that befalls them! I’m sure some really AWESOME opinions will come out then! Keep your fingers crossed folks! Popcorn anyone?
I have to laugh at the doubters here. In my opinion the defendant in this case and all men like him are perverted, sick fucks who need to spend the rest of their lives in jail. If it was my daughter, Phleps wouldn’t have made it to trial because I would have taken care of him myself and, in doing so, would have protected any other children he might decide to go after. I can’t believe anyone would think this poor girl made up her story. Phelps saying she was “worth going to jail for.” You really think that child made that up? Really? You really believe that she would subject herself to the ridicule she has had to deal with from classmates? The shame and humiliation of sitting in front of a room full of people and having to repeat the story of what was done to her? I can tell you from personal experience that my fear of having to do this, and possibly not being believed, is what kept me from going to authorities when I went through something similar at age 15. It also left a pervert on the street. I often wonder, years later, how many other girls he had the opportunity to victimize because I stayed silent? I applaud this girl for being strong enough to tell her story and my prayers and support go out to her and her family.
I guess it would depend on whether the police were able to recover it. A towel can be washed and carpets cleaned. Sounds like both of them deleted the electronic messages. But you’d think there would be cell phone bills. It would be interesting to know if the computers or phones were wiped of evidence. That would be a tip off someone was trying to hide something.
Speaking of “evident”, I’ve been reading along here and see reference to a towel and carpet blood, which leads me to ask WHERE IS the evidence? Evidence is what convicts people beyond a reasonable doubt, right? We don’t let stories convict people in this country, do we? So I’m assuming they are going to actually produce some evidence at some point?
I am curious. Just what parts are clearly made up?
How would it be evident if she has been told exactly what would persuade the jury and why can’t it persuade you? How are you able to detect it so well?
What key pieces, coincidences and atypical behavior?
Really, Stephanie? It’s people like you who make it hard for young girls or women to come forward and tell, for fear of not being believed. Why in the world would she put herself through this detailed explanation, the humiliation she is obviously enduring from this process…and for what, if it isn’t true? What is your evidence that it is made up? Who made up the disgusting, detailed story for her to lie about, under oath? Atypical behavior? How should a 16 year old girl, who is going through such hell, behave? I hope and pray nobody you know ever has this happen to them…and God forbid, if they do, that somebody believes them. Shame on you.
Heartbreaking! Not the coming of age experience a 16 year old female should endure.
It gives one pause hearing insight into Todd’s past within the testimony. Unlike the child’s first experience, I don’t believe this was his first sexual manipulation of a naïve sixteen year old. Personally, I have never agreed with our state law allowing sixteen as the age of sexual consent and this demonstrates why. I think we all know you don’t have to be a coach to manipulate and rape a young woman in this manner and believe you can get away with it. Would this case be prosecutable if he had not been her coach?
He used her secrets to gain trust and later use them against her to save his own skin and seduced her own father into advocating for him to keep his coaching position. He breached so many relationships within her life where was she to turn for safety? He undermined her school life (were his wife worked and daughters attended school), family life, extended family, friendships, sports, church, and her father’s employment (he worked for the same company).
If not for the brave actions of a few who spoke out, he wouldn’t have stopped until she had nothing left except him.
May God bless and watch over her and her family.
I’m guessing this girl is thrilled to read about this in the media. But who cares, whatever gets people to read it and sell advertising!
Wow, what a gigantic bs story. It’s so evident that this is made up, and that clearly she’s been told exactly what to say to try to persuade that jury. Just seems to me that there are some key pieces missing in her story, quite a few “coincidences”, and atypical behavior. Never did i think these allegations were true in the first place, and especially after reading this it’s real clear that she’s lying.