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Fri, Jul 10 2009 

Published: October 28, 2008 12:00 am    print this story  

Davenport man charged with assault, rape

By Jake Palmateer
Staff Writer

A Davenport man is facing felony sex charges in connection with an alleged assault and rape of a woman who had an order of protection against him, according to Delaware deputies.

Jason G. Smith, 29, beat up and raped a 24-year-old woman in a town of Davenport home on the night of Oct. 19, Delaware County Undersheriff Doug Vredenburgh said Monday afternoon.

A media release from deputies refers to the alleged attack as a "domestic incident." Vredenburgh said he could not release any details about the relationship between Smith and the woman, though he did say no weapon was used.

Smith allegedly violated a family court-issued order of protection.

The Daily Star has a policy of not identifying the victims or alleged victims of sexual assault.

Smith is charged with the following:

ä First-degree rape, a class B felony

ä First-degree criminal sexual act, a class B felony

ä Second-degree assault, a class D felony

ä First-degree criminal contempt, a class E felony

ä Unlawful imprisonment, a class A misdemeanor

ä Endangering the welfare of a child, a class A misdemeanor

ä Seventh-degree criminal possession of a controlled substance, a class A misdemeanor

The charges against Smith came in two sets. The first group included the assault, contempt and misdemeanor charges and was lodged against Smith the day after the alleged attack. Smith was originally jailed on $5,000 bail.

However, additional evidence came to light last week, Vredenburgh said, which led to deputies lodging the rape and criminal sex act charges against Smith on Monday.

It is not uncommon for victims of sexual assault to withhold information from investigators because of shame, shock or other reasons, Vredenburgh said.

There were search warrants executed in connection with the case, but Vredenburgh declined to say where these warrants were executed or what evidence was found.

Because Smith was previously scheduled for a felony hearing Monday on the first set of charges, his arraignment on the new charges was held in conjunction, Vredenburgh said.

Smith appeared before Davenport Justice Britt Kelch on Monday.

"The judge did find there was enough evidence to hold the individual over for grand jury action and revoked the initial bail," Vredenburgh said.

Deputies became aware of the attack through a New York State Child Registry Report and other information, Vredenburgh said.

The woman suffered severe but not life-threatening injuries and received medical treatment, he said, but was not admitted to a hospital. Vredenburgh declined to discuss the nature of the woman's injuries and how they were inflicted.

There were children in the home at the time of the attack, he said.

Stay-away orders of protection were issued for the victims, according to deputies.

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