JURY FINDS MAN GUILTY OF ATTEMPTING TO RAPE A 16-YEAR OLD GIRL

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News from the Office of District Attorney George Gascón 

FOR IMMEDIATE RELEASE
November 21, 2018

Twitter: @GeorgeGascon
SFDA CONTACT: Alex Bastian (415) 553-1931 | Max Szabo (415) 553-9089 

JURY FINDS MAN GUILTY OF ATTEMPTING TO RAPE A 16-YEAR OLD GIRL

SAN FRANCISCO — Today, District Attorney George Gascón announced that a jury found Rayvoughn Smith, age 20, of San Francisco, guilty on all counts.  Mr. Smith had been charged with assault with intent to commit a sex offense of a person under 18, felony child endangerment, felony false imprisonment, and providing false information to a police officer.

“A victim fought for her life, and a Good Samaritan acted on her instinct and called 911,” said District Attorney George Gascón.  “Were it not for the strength and courage of this young woman, and this bystander quickly reaching out for help, I fear the outcome could have been much worse.”

According to court records, on April 22, 2018, a sixteen-year-old girl, the victim, was spending time with friends who were also underage in the Fillmore District.  Defendant Smith called and offered to meet with her in order to provide marijuana and alcohol. She agreed, and Defendant came to the Fillmore District where he purchased vodka for the victim and her friends.  The four of them went to a parking garage located at 1310 Fillmore Street to avoid detection.

At some point, the victim’s friends had to go home, and since they lived in the same direction they all left together. Alone with the victim, Smith led the young woman to a different part of the garage which was dark and largely hidden by a number of vehicles.

They began to kiss and the Defendant pulled down her pants, Smith then pulled out his penis.  Unwilling to go further, the victim told Smith, “It’s not going down like that.”  The defendant then punched the victim in the head and demanded compliance, but she refused, and Smith continued to strike her.  In fear, the victim crouched to the ground and tried to protect herself.  

When she refused to stand up, Smith put his hand around her neck, pulled her up, and attempted to put her in a position in which he could force himself upon her.  At this time she pulled her pants up and continued to fend Smith off, at which time he lifted a nearby bottle and threatened to smash it on her head if she did not comply.  The victim begged him to stop and to let her go, but the Defendant only stopped once police arrived.

During this time, a Good Samaritan who was the desk clerk at 1310 Fillmore, was monitoring cameras in the parking garage. She had seen Smith and the victim walk together to the white vehicle but not get in. After some time passed she noticed that Defendant was throwing the victim against the vehicle several times, and she went to the garage to listen and could hear the victim yelling and Smith breathing heavily. Concerned, she called the police.

Officers Reavey and Foltz arrived on scene and saw Smith leaving the area of the white vehicle.  Smith attempted to walk past the officers. Defendant stated to the officers, “she’s just drunk, I’m trying to get her home.” Officer Foltz detained him pending investigation, and Smith falsely identified himself as his twin brother.

The victim had swelling, micro abrasions and erythema on her right orbital and cheekbone. She also had a 3-4 centimeter contusion on her right neck. Sgt. Hart and Gasanyan of the Special Victim’s unit responded to Northern Station to interview Defendant. Defendant was read his Miranda Rights and waived them agreeing to speak with the officers. At first, Defendant told officers that he had met the victim 4 or 5 times in the past, that he knew she was 16 years old, and said they had never had sex in the past.  He said the victim became intoxicated, and that the two of them got into a verbal argument when police arrived.

After being confronted with the existence of video surveillance, Smith changed his story and stated that he had ingested both cocaine and alcohol. He claimed the victim previously agreed to have sex with him, and that he became frustrated that she changed her mind, and admitted hitting the victim several times in the face and grabbing her by the back of the neck.

“The defendant thought he could force a 16 year old victim into sex, but by her own sheer will and intelligence she was able to stall what she feared was inevitable until help arrived,” said Assistant District Attorney Lili Nguyen. “The victim in this case may be young, but her courage and heart showed no limit. She testified against the defendant, enduring the revictimization that occurs when one retells a horror they experienced. The jury’s verdict is a reflection of her character and strength.”

The Honorable Gerardo Sandoval presided.  This prosecution is the result of an excellent investigation by SFPD Officers Joseph Reavey, Adam Foltz, and Sgt. Ryan Hart.  Special thanks go to District Attorney Investigator Lessa Vivian, Paralegal Nina Stellini, IT Support Morris Moore, Victim Advocate Patricia Barragan, and Nurse Practitioner Elizabeth Oleson from the Rape Treatment Center at ZSFGH.  Assistant District Attorney Lili Nguyen prosecuted the case.

 

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