Authorities this week issued an arrest warrant for a University of Utah swimmer and diver suspected of fleeing to his native Canada after allegedly raping a student in her dorm room last year.
Benjamin Dennis Kai Smyth, 19, of Saanichton, British Columbia, faces felony charges of rape, forcible sodomy and forcible sexual assault, according to Salt Lake County court records. A warrant for his arrest was issued Monday, records show.
Salt Lake County District Attorney Sim Gill said in a statement to NBC News on Thursday that authorities will seek Smyth’s extradition to Utah.
“A warrant for his arrest has been issued for this very serious matter. We will seek all available means to ensure his appearance in court,” Gill said.
A charging document in the case mentions Smyth’s time on the university’s scuba team.
“SMYTH dropped out of school and returned to Canada. SMYTH was a member of the University of Utah scuba team and according to University of Utah records he was a scholarship holder,» he said.
«SMYTH’s flight from the jurisdiction only after learning of an investigation into his actions while enrolled in college classes as a scholarship student-athlete demonstrates the high likelihood that he will not submit to the Court’s jurisdiction, and if released on bail he will flee again». the document says.
The charging document calls for Smyth to be held without bail if he is arrested.
Neither Smyth nor his family could be reached for comment Thursday. A representative for the University of Utah was not immediately reached for comment on Smyth’s status at the university and on the dive team.
The University of Utah Department of Athletics released a statement Tuesday saying Smyth was suspended from the swim and diving team. The NBC News affiliate, KSL of Salt Lake City, reported.
“On February 16, we were made aware of a serious allegation involving a member of our men’s swim and dive program,” the statement said.
«Upon being notified by the University’s Office of Equal Opportunity of a pending investigation, Ben Smyth was immediately suspended on February 20 from all team activities. We take matters of this nature very seriously and have continued to monitor the situation. We won’t.» I have further comment as this matter progresses through the legal process,» the department said.
Smyth is no longer listed as a member of the university. men’s swimming and diving team.
According to a probable cause statement written by Detective Francisco Chavez of the university’s police department, Smyth raped the student, who was only identified by her initials in court records, on Aug. 16, 2022.
Smyth met with the student that day and the two exchanged contact information, the statement says.
The student told police that Smyth texted her and asked where she was and where her roommates were, according to the statement. The student told Smyth that she was in her dorm room and that her roommates were attending an event on campus, according to her statement.
Just a few minutes later, Smyth appeared in the student’s dorm room, where he suggested they play a game of «truth or dare» and began questioning her about her sexual history, according to the statement.
Smyth then forced himself on the student, despite her pushing him and saying she «didn’t want to do that,» the statement said.
She also directly told Smyth that she did not want to have sex, according to the statement.
In an interview with Chavez, Smyth initially denied knowing the student, but later said he had sex with her when they first met.
He also allegedly told police that he «has had sex with many women for the first time» and provided officers with the names of two character witnesses, KSL reported.
But witnesses told police that Smyth «always brags about the number of women he has sex with» and «keeps a list of women he has sex with and shares the list with people to show off and ‘feed his ego'».
Prosecutors say the totality of the evidence and circumstances «show that Smyth has sexual motives to add to his ‘list,'» KSL reported.
Days after interviewing him, Chavez tried to serve Smyth with a temporary protection order in Smyth’s bedroom, but Smyth was missing, the statement said.
“SMYTH’s roommate answered the door and told Detective Chavez that SMYTH cleaned out all his belongings and moved out. Days later, Detective Chavez received a call from a private investigator telling him that SMYTH, who is a Canadian citizen, returned to Canada after learning that he was being investigated for the rape,» according to the statement.