Smith faces up to 40 years in prison if convicted

Updated: March 26, 2004, 7:30 PM ET
Associated Press

MADISON, Wis. -- Wisconsin running back Dwayne Smith will stand trial on charges he raped a 19-year-old woman in a campus area apartment, a judge ruled Friday.

The alleged victim testified during a hearing that she repeatedly told Smith, 19, she did not want to have sex with him but he raped her, saying, "This is going to be the best night of your life."

Dane County Circuit Judge John Albert also bound over Anwar Jones, 22, on a charge of being party to the crime for allegedly watching the rape. If convicted, each man faces up to 40 years in prison.

The woman said she met Jones, who has a cousin on the football team, at a party held at a campus apartment. She said she went with him to another apartment in a different building when he said he wanted to introduce her to someone.

The alleged victim said she and Jones were in a bedroom sitting on a bed kissing when a man whom she did not know came into the room. She identified Smith in court as being that man.

Smith told authorities he had sexual contact with the woman after finding her naked in bed with Jones, according to the criminal complaint.

The alleged victim said Smith forced her down on the bed, removed her clothes and had forcible intercourse with her while she protested.

"I tried stopping it but I couldn't," she said.

Smith is out on bail and remains on the Badger football team.

He was initially given an indefinite suspension from the team, but that was changed to a five-day suspension after an appeals hearing.

Smith was arrested Feb. 23 in connection with the alleged sexual assault of the woman.

Smith was the Badgers' leading rusher as a sophomore last season. Wisconsin's spring practices are scheduled to begin Friday. Smith will be eligible to join the team for its sixth practice, set for March 24.


Copyright 2004 by The Associated Press

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