Chehalis Man Charged for Allegedly Raping Sleeping Woman, Recording Attack

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A Chehalis man already jailed on child sex crime charges pleaded not guilty to rape charges in another case in Lewis County Superior Court Thursday.

Brandon K. Phelps pleaded not guilty to four counts of second-degree rape for allegedly raping a woman while she slept and recording it on his cellphone.

The videos are dated May 2014 through July 2014, according to court documents.

He is also awaiting trial in a case charging him with first-degree child molestation and voyeurism.

Possible charges from federal authorities may be coming against Phelps from a child pornography investigation as well.

Defense attorney Shane O’Rourke said there are at least 500 pages, if not more, of discovery in the rape case.

Superior Court Judge James Lawler set the trial for the rape case on July 13, and trial is scheduled for July 20 in the child molestation case.

According to the affidavit of probable cause, a Homeland Security investigator began working on an internet crimes against children case with help from Seattle Police and Lewis County Sheriff’s Office detectives in January.

Authorities followed a tip indicating child pornography was being made and distributed online at a Chehalis address.

Authorities obtained a search warrant for Phelps’ home and recovered multiple electronic devices and cellphones. Two women were at the home when authorities arrived and were interviewed.

One of the women told detectives Phelps — who she knew previously — had sex with her while she was sleeping. She showed authorities a video of the rape. She said it only happened one time.

Four videos were recovered from the 31-year-old’s phone showing him raping the victim in her sleep, according to court documents. She did not wake up during the attack, according to court documents.

The maximum penalty for second-degree rape is life imprisonment and a $50,000 fine.

Lewis County Deputy Prosecutor Will Halstead told The Chronicle federal authorities are handling the child pornography investigation, but he did not know how far along they are in the case.

Phelps’ bail in the rape case is set at $50,000. His bail for first-degree child molestation and voyeurism is set at $100,000. He is in custody at the Lewis County Jail.

The charges in the molestation case stem from a 2009 incident when Phelps is accused of having sexual contact with a then-10-year-old girl. The victim first spoke with authorities about the incident in 2010, but law enforcement could not locate Phelps.