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Last updated on Thursday, August 20, 2015
(WASHINGTON) - A former Washington resident is was arrested on a warrant after a two year investigation.
The Daviess County Sheriff's Department arrested 26-year-old Frank Smith, of Zanesville, Ohio, Monday on a warrant accusing him of two counts of rape.
One of the charges alleges the victim was unaware of the sexual assault. The other contends she was unable to give consent for sex.
According to a probable cause affidavit the investigation began on Sept. 27, 2013, when deputies were called to a trespassing complaint at a home on County Road 1000 East. The property owner told officers there were several minors on her property without permission.
As police arrived a truck was leaving the scene. Officer found several teens drinking. The teens at the party called those that had left and they returned to the scene. Smith and two teenagers were in the truck.
A 16-year-old girl in his truck was passed out. Deputies say she was clothed but her shoes were off, her pants were unfastened and her underwear torn.
The girl was taken to the hospital where her blood alcohol content tested at 0.17 and a rape kit examination was performed.
The girl told officers that she remembered being at the party and drinking with Smith, and then the next thing she knew she was in the hospital.
Smith told police he had sex with the girl, but claimed it was consensual. A test from the rape kit indicated the presence of Smith's DNA.
Authorities obtained the arrest warrant in April. T
hey picked up Smith at the Noble Correctional Institution in Caldwell, Ohio, as he was finishing serving out a previous conviction there.
Smith also has a conviction for theft and auto theft in Daviess County that he is still serving time on.
Smith remains in the Daviess County Jail on $100,000 bond.
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