Republic’s Smith charged with child molestation, sodomy, domestic assault

By: 
Steve Chapman

A Republic man is in custody in the Greene County Jail after being charged with multiple felonies. Benjamin Wayne Smith, 39, is facing one count of first-degree statutory sodomy, one count of first-degree child molestation and two counts of second-degree child molestation.

Alleged abuse comes to light during surgery
According to the probable cause statement in the case, the victim, identified as a female relative of Smith’s who is under the age of 12, was undergoing a surgical procedure in February when the doctor performing the procedure noticed that she had an unusual drainage and more fluid than normal in her abdomen. The fluid tested positive for gonorrhea.
Smith and the girl’s mother both consented to a test for sexually transmitted diseases. Smith tested positive for gonorrhea, while the girl’s mother also tested positive for gonorrhea. The woman told the investigator in the case that she and Smith had engaged in intercourse multiple times in the weeks leading up to the investigation.

Victim identifies Smith as abuser
The victim was encouraged to write about her feelings. According to the probable cause statement, the girl identified Smith as her sexual abuser in her writing and stated that she did not know what sex was when the abuse began, but Smith told her that a lot of (people in their kind of relationship) “do this (touching privates).” The girl later verified she was talking about Smith touching her inappropriately.
Smith was later shown a copy of what the girl had written. He said he didn’t “think she would lie and could not imagine her making it up," but claimed that he didn’t remember touching her inappropriately.

Another victim comes forward
The investigator also reached out to the parents of three girls who spent the night at Smith’s house within the previous six months. One girl said that Smith had touched her inappropriately and told her not to say anything to anyone about it, and she was too scared to tell anyone.

Smith also faces domestic assault charges in two separate incidents
Smith is also facing two charges of second-degree domestic assault and one count of third-degree domestic assault.
According to the first probable cause statement in that case, on July 5, 2021, a member of the Republic Police Department responded to a call at Smith’s residence. The victim said she and Smith had been arguing the night before and Smith had hit her in the nose with what she thought was his forearm and choked her. When her nose began to bleed, she said, Smith told her that he didn’t mean to do that. He also told her that she couldn’t leave, so she just went to sleep.
The following night, the victim told the investigator that she was going to the police department for an identity theft issue, but Smith wouldn’t let her leave. She said she screamed for help, but Smith put his hands over her mouth and threatened to kill her if she didn’t stop. She also told the officer that she wanted to press charges.
The officer also spoke with Smith, who was in the driveway of the house. After being given his Miranda warning, he told the officer that he and the victim argued all the time and “used methamphetamines frequently.” He also said that the victim had told him she was going to the police about an identity theft issue, but he tried to keep her from leaving because he thought she was making it up.

Later incident
According to the second probable cause statement in the case, on Dec. 31, 2021, the same woman claimed that they had just gotten a new food stamp card, and that Smith asked her for the PIN to the card. She said she told him there was no PIN because she hadn’t activated it yet. She suggested that she and Smith go grocery shopping together, but Smith only got upset.
The victim said that Smith wrapped his arms around her and at one point put his hand over her mouth, “as to prevent her from breathing.” She said she got away and ran into the living room, but Smith followed her, threw her onto the living room floor and then forced her back into the bedroom, where he moved the dresser in front of the door to keep her from leaving.
Afterwards, the victim said, Smith went to use the bathroom adjoining the bedroom. While he did so, she said, she managed to move the dresser and exit the bedroom and left the house. She got into her vehicle, she said, and locked the doors.
Smith had the victim’s phone, the woman said, and acted like he wanted to give it to her. She said she opened the window just enough for Smith to slide the phone through, but when Smith saw that she would not open the door, he pulled it away. The woman said she then left in the vehicle and found another person to call the police for her.

Smith remains behind bars
As of press time, Smith was still in the custody of the Greene County Jail, where he has been held since Tuesday, March 1. He is next due to appear in court on Tuesday, April 5, for both cases.

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Lawrence County Record

312 S. Hickory St.
Mt. Vernon, MO, 65712
www.lawrencecountyrecord.com

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