Erie County District Attorney John J. Flynn announces that 39-year-old Rashawne Smith of Buffalo has been virtually arraigned before Erie County Court Judge Sheila A. DiTullio on an indictment charging him with one count of Rape in the First Degree, a Class “B” felony, and one count of Sexual Abuse in the First Degree, a Class “D” felony. The defendant was arraigned on Tuesday, August 11, 2020.
It is alleged that during the early morning hours of April 29, 2020, the defendant engaged in sexual intercourse by forcible compulsion with the victim at a location in the City of Buffalo.
Smith is scheduled to return on Thursday, September 10, 2020 at 10:00 a.m. for a pre-trial conference. He was remanded without bail.
If convicted on all charges, Smith faces a maximum of 25 years in prison.
Judge DiTullio issued a temporary order of protection on behalf of the victim.
DA Flynn commends Det. Mark Costantino of the Buffalo Police Department Special Victims Unit and the Sexual Assault Nurse Examiner at ECMC for their work in this investigation.
The case is being prosecuted by Assistant District Attorney Rebecca L. Schnirel of the DA’s Special Victims Unit.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.