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Smith faces up to 40 years in prison if convicted

3/26/2004 - Wisconsin Badgers

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.