DHS Employee Accused Of Rape

Thursday, October 25th 2007, 6:33 am

By: News On 6

McALESTER, Okla. (AP) -- Prosecutors charge a longtime Department of Human Services employee with rape for allegedly having sex with a developmentally disabled woman under his care. The Pittsburg County District Attorney's office charged 62-year-old James Smith on Monday with first-degree rape and filed a misdemeanor failing to report abuse count against his wife, Lynn.

Pittsburgh County District Attorney J.B. Miller said the victim is 38, but not mentally competent to consent to sex.

An arrest affidavit states that two DHS workers received an anonymous tip alleging that Lynn Smith had seen her husband and the woman having sex October 14th.

The affidavit alleges that James Smith admitted to sheriff's deputies last week that he had engaged in sex with the woman on numerous occasions in the past six months.

The document also alleges that 59-year-old Lynn Smith admitted seeing her husband and the woman having sex at their home on October 14th.

The Smiths couldn't be reached for comment.