Dayton police said they have evidence to show that police received an anonymous phone call on the date in question during which they could hear the assault as it occurred. When police arrived, they found a female naked and beaten up.
According to police, Smith told them the sex was consensual, according to the prosecutor’s office.
Smith was arrested the morning of the incident is being detained in the county jail on the charges of rape, felonious assault, kidnapping and abduction.
The grand jury accepted evidence from investigators that Smith would not allow the woman to leave the residence, thus the kidnapping and abduction charges.
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