SALT LAKE CITY, Utah, May 9, 2023 (Gephardt Daily) — Sexual assault charges have been filed against a University of Utah student-athlete who police say fled to his home country of Canada amid a rape investigation.
Benjamin Dennis Kai Smyth, 19, was a member of the Utah men’s swimming and diving team when a fellow student told police he raped her in her dorm room in August 2022, according to charges filed Monday in 3rd District Court.
Smyth, of Saanichton, British Columbia, first denied knowing the woman, then later told police he had consensual sex with her, charging documents state. When officers returned days later to serve Smyth with a temporary protective order, they learned he had packed his belongings and moved out, according to the charges.
A private investigator later confirmed Smyth had returned to Canada, University of Utah police said. A warrant has been issued for his arrest, according to court documents.
Smyth faces charges of rape, a first-degree felony; forcible sodomy, a first-degree felony; and forcible sexual abuse, a second-degree felony.
Utah Athletics officials said Smyth was suspended from all team activities on Feb. 20 after they learned of the allegations.
“On February 16 we were made aware of a serious allegation involving a member of our men’s swimming and diving program. Upon being notified by the University’s Office of Equal Opportunity (OEO) of a pending investigation, Ben Smyth was immediately suspended on Feb. 20 from all team activities,” the Utah Athletics statement says. “We take matters of this type very seriously, and have continued to monitor the situation. We will not have further comment as this matter proceeds through the legal process.”
Police say the woman met Smyth while reading a book in the common area of her dorm building Aug. 16, 2022. The two exchanged contact information, and Smyth texted the woman later that night, charges state.
After the woman told Smyth she was back in her dorm room and that her roommates were elsewhere, he showed up at her door and entered her room, according to charging documents.
Smyth suggested they play a game of Truth or Dare, during which he inquired about her sexual history, the charges state.
Smyth then began kissing the woman and “pushing her shoulders to lay her down on the floor,” charges state. The woman stated she “did not want to do that” and said “no” as he sexually assaulted and raped her, according to the charges.
When interviewed by police, Smyth denied knowing the woman but later “acknowledged he knew [her] and had sex with her when he first met her,” charges state.
Police say Smyth fled to Canada after learning he was being investigated for rape.
