$1 Million Bond Set in Rape Case Involving Juvenile Victim

BROOKLAND, Ark. — A Brookland man was arrested on charges including rape involving an alleged victim who is a minor, a probable cause affidavit said.

At 5:50 p.m. on May 8, Officer Josh Whitley with the Brookland Police Department responded to a call regarding a potential sexual assault involving a minor victim, the affidavit said. The officer met with a “highly agitated male,” later identified as the adoptive father of the child, listed as a witness in the report.

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The witness alleged that his adopted son, Dustin Orr, 20, had sexually assaulted the teenage victim.

The adoptive father told police he discovered evidence that prompted him to confront the minor, who then disclosed the alleged abuse.

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The victim told police Dustin had allegedly sexually assaulted them for years. The victim described multiple incidents of being forcibly sexually assaulted.

Police conducted a Mirandaized interview with Orr at the police department. Police said he admitted to having what he believed was consensual sex with the victim on multiple occasions. He was not able to give an exact number but admitted to having sexual intercourse with the victim one time during a snowstorm in 2025, and at least three times in 2024.

Orr was arrested on three charges of rape, Class Y felonies, and a charge of 4th degree sexual assault, a Class D felony.

The victim was younger than 14 during three of the alleged incidents. Despite his alleged statements, Arkansas law makes clear that a minor cannot legally consent to sexual activity with an adult.

(a) A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person:

(1) By forcible compulsion;

(2) Who is incapable of consent because he or she is:

(A) Physically helpless;

(B) Mentally defective; or

(C) Mentally incapacitated;

(3)

(A) Who is less than fourteen (14) years of age.

(B) It is an affirmative defense to a prosecution under subdivision (a)(3)(A) of this section that the actor was not more than three (3) years older than the victim; or

(4)

(A) Who is a minor and the actor is the victim’s:

(i) Guardian;

(ii) Uncle, aunt, grandparent, step-grandparent, or grandparent by adoption;

(iii) Brother or sister of the whole or half blood or by adoption; or

(iv) Nephew, niece, or first cousin.

(B) It is an affirmative defense to a prosecution under subdivision (a)(4)(A) of this section that the actor was not more than three (3) years older than the victim.

(b) It is no defense to a prosecution under subdivision (a)(3) or subdivision (a)(4) of this section that the victim consented to the conduct.

(c)

(1) Rape is a Class Y felony.

(2) Except as provided under § 5-4-104(c)(2), a person who pleads guilty or nolo contendere to or is found guilty of rape involving a victim who is less than fourteen (14) years of age shall be sentenced to a minimum term of imprisonment of twenty-five (25) years.

(d)

(1) A court may issue a permanent no contact order when:

(A) A defendant pleads guilty or nolo contendere; or

(B) All of the defendant’s appeals have been exhausted and the defendant remains convicted.

(2) If a judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328, or both.

(e) A person convicted of rape is subject to § 9-10-121.

– Source: Justia

Orr appeared before Judge David Boling on Friday for his bond hearing. The judge set a $1 million cash or surety bond in the case, ordering no contact with the alleged victim and no contact with any minor or where any minors work. The defendant was ordered to have no internet connection or access of any kind and ordered to wear a GPS ankle monitor, if released.