A Silver Creek woman held in the Lewis County Jail has been accused of raping a fellow pod-mate, according to a probable cause affidavit from the Lewis County Prosecutor’s Office.
Megan R. Smith, 33, is charged with one count of third-degree rape, a Class C felony punishable by up to five years in prison. She made a preliminary appearance in Lewis County Superior Court on Tuesday.
Smith was arrested June 11 and charged with fourth-degree assault and third-degree driving with a suspended license. The court set bail at $10,000.
Chief Deputy Prosecutor William Halstead on Tuesday requested a bail of $100,000 cash or bond for the new charge, citing those pending matters, a prior conviction for second-degree attempted burglary and five prior warrants.
Defense attorney Rachael Tiller asked for $20,000 in bail, saying Smith was unable to post as she was not working, though she was receiving financial assistance.
Tiller said Smith resided locally in Lewis County and could rely on family for transportation to and from court. She added that she didn’t see anything similar on Smith’s criminal record.
Judge J. Andrew Toynbee set Smith’s bail at $25,000 cash or bond, “given her financial status.”
Toynbee granted a no-contact order on behalf of the alleged victim.
According to the probable cause affidavit, Smith had allegedly crawled into the victim’s bed before the assault, prompting the victim to get off the bed and go to the shower. Smith then committed the alleged rape after following the victim into the shower.
The victim quickly told two other incarcerated women about the incident. Those women helped the victim contact jail staff. A sexual assault nurse examiner also assisted the victim.
The charging information says the victim “did not consent to sexual intercourse with the defendant and such lack of consent was clearly expressed” by “words or conduct.”
According to the affidavit, a deputy reviewed security footage corroborating the victim’s account leading up to her entering the shower. The footage also shows the victim exiting the shower and approaching one of the other women, before pointing to Smith.
According to the affidavit, one of the women told the deputy she’d heard Smith on the phone saying she “got caught showering with a girl.”
Smith is scheduled for an arraignment on Thursday.
