UW-Madison sophomore football running back Dwayne Smith, 22, who is charged with second degree sexual assault, admitted to police that he had sexual contact with the alleged victim, according to the criminal complaint.
The complaint, filed in Dane County Circuit Court Wednesday, alleges that Smith sexually assaulted a 19-year-old female last Saturday in an apartment building on the 600 block of North Frances Street. The woman attended a party hosted by Badger football players Saturday night where she met Anwar Jones, 22 who was also charged with second degree sexual assault.
She and Jones left the party and went to the apartment on North Frances Street, according to the criminal complaint; they were in the bedroom when Smith entered the room and closed the door.
The victim told police Smith then said, \This is going to be the best night of your life."" She stated she did not consent to intercourse and repeatedly told Smith ""no"". Smith's attorney, Charles Giesen, says that Smith ""vigorously disputes"" these allegations.
""He absolutely denies the charges, and he is innocent,"" Giesen said.
Smith's initial court appearance is set for March 4, and Giesen says he will plead not guilty. If Smith is convicted of the charges, he faces maximum penalties of $100,000 in fines and 40 years in prison.
Smith was arrested Sunday and held by Madison police until a hearing Monday morning where he was released on a signature bond. Anwar Jones was released on a $1,000 bond.
In accordance with the University's Student-Athlete Discipline Policy, Smith was immediately suspended from the football team after his arrest. Smith had 72 hours to appeal the suspension and Giesen says an appeal has been filed.
Justin Doherty, administration program specialist for the Athletic Department, said the department does not comment on discipline cases while they are in the appeals process, but that the results of the appeal will be announced. The football team will begin practice for the 2004-'05 season March 4.
