AUGUSTA — A former mental health worker who sexually abused a deaf and mentally ill client for whom he provided care at an Augusta residential facility is expected to serve 60 days in jail after pleading no contest Wednesday to charges of unlawful sexual contact and unlawful sexual touching.
Wayne O. Draper, 57, of Pittston pleaded to the two Class D misdemeanor charges after being charged originally with two counts of gross sexual assault, Class C felony charges. Those charges were dismissed Wednesday in a plea agreement.
A no-contest plea results in a finding of guilty, Superior Court Justice William Stokes told Draper.
Under the terms of the plea agreement, Draper was sentenced to 364 days in jail on each charge, with all but 60 days suspended. That means he is to spend 60 days in jail, as long as he complies with the terms of his two-year probation. If he does not comply, he could serve up to two years.
Draper sexually abused a woman who is deaf and has multiple mental health diagnoses, which officials said he was aware of.
The abuse happened while Draper was employed by the state-contracted mental health agency Motivational Services at Sunrise House to help care for clients. Motivational Services at Sunrise House is a residential facility for adults with severe and persistent mental illness. The victim lived in an apartment there.
The two counts to which Draper pleaded no contest state that on July 22, 2017, he had sexual contact with the woman, and on July 29, 2017, he subjected her to sexual touching.
An affidavit filed by Detective Tori Tracy of the Augusta Police Department states Draper had a sexual relationship with the woman for four years. Draper had sex with her multiple times at her apartment — when other staff members were away from the home with other clients — and at least once in an agency van while Draper was bringing the woman home from a doctor’s appointment, according to the document.
The victim told police Draper would bring her things, such as lottery scratch tickets, furniture, cigarettes, soda, food and other items. When she told him she did not want to have sex with him, including during a couple of months when she had a boyfriend, Draper would tell her he would no longer give her money or buy her cigarettes or soda, according to Tracy’s affidavit.
Maeghan Maloney, the district attorney for Kennebec and Somerset counties, said prosecutors agreed to a plea deal that lowered Draper’s charges because the case did not involve compulsion or a minor. Maloney said the victim told the district attorney’s office by email she supports Wednesday’s outcome.
“We worked really hard with the victim in this case for a resolution that would protect the public and hold Mr. Draper accountable, while taking into account the individual characteristics of those involved,” Maloney said.
Draper, who is also deaf and had worked for Motivational Services for 20 years, was initially suspended by the agency when the allegations surfaced. He has since been fired, according to Executive Director John Zarrilli.
Jackie Farwell, communications director for the Maine Department of Health and Human Services, previously said the state was made aware of the situation in 2017, launched a review and confirmed police were involved in the case.
Three sign language interpreters, Draper and his lawyer, Luke Rioux, all participated over Zoom in Wednesday’s court hearing. Two of the interpreters helped Draper communicate with Stokes, while a third interpreter was at the ready in case Draper and Rioux needed to discuss something confidentially in a break-out room.
The victim did not attend the hearing in person or online.
Draper said initial technical difficulties made it hard for him to see the sign language interpreters and understand what they were signing. After several minutes, settings were established that allowed Stokes, Draper, the interpreters and Rioux to communicate over the same Zoom feed.
“I’ve done a proceeding with sign interpreters live, in person, but I’ll be honest, I have not done one with sign language interpreters by Zoom,” Stokes said. “Mr. Draper, if at any point you do not understand anything or you need me to slow down, make sure one of the interpreters knows that and I’ll proceed at the proper pace.”
Through an interpreter, Draper responded: “I am able to see the interpreter. It’s a little blurry.”
Stokes said the case had been scheduled to go to a jury trial next week.
Probation conditions require Draper no contact, direct or indirect, with the victim, and comply with the requirements of the state’s sex offender registration laws. Rioux said Draper, as a tier 1 offender, will be required to register for the state’s sex offender registry for 10 years.
Draper said he would comply with the requirements.
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