Updated Mon, Mar 3, 2014 10:31 am
A Glouster man has been indicted after allegedly having sex with a 13-year-old during a party at his residence.
Zachary L. Smith, 21, of 9 Braun St., was indicted for unlawful sexual conduct with a minor, a fourth-degree felony.
The offense allegedly occurred on Nov. 16, according to an Athens County Sheriff’s Office report. The sheriff’s office was called to O’Bleness Memorial Hospital on Nov. 17 in reference to a report of sexual abuse involving a 13-year-old, the report stated.
Case workers from Athens County Children Services also responded to the hospital and completed a sexual assault kit on the alleged victim. The teen’s mother brought her to the emergency room immediately after the teen told her she had been raped.
The teen was interviewed while at the the emergency room by a Children Services caseworker. In the interview, she said that she had had sex with three males at Smith’s residence, including Smith, a 15-year-old whose name was redacted from the report, and a 22-year-old from Glouster. That man does not have an indictment on record with the court.
“(The victim) stated that she, along with everyone at the residence was intoxicated, they were drinking and smoking marijuana,” the narrative of the report stated.
Smith and the 22-year-old voluntarily went to the Glouster Police Department for questioning on Nov. 20 after police contacted them at the Braun Street residence.
Smith told police he remembered the night and said he “had been drinking a lot and was drunk,” according to a supplemental narrative included in the sheriff’s office report. Smith also told police he had “possibly smoked marijuana.”
“Through the course of the interview (Smith) stated that he did not have sex with (the alleged victim), he then stated that it was possible that he had sex with her, then he stated that he did have sex with (her),” the narrative stated.
The 22-year-old allegedly told police he too had had sex with the teen that night and thought she was intoxicated when she arrived at the residence. Before he had sex with her, he, along with two other people, watched the teen have sex with the 15-year-old male, he told investigators.
When asked about his actions, the 22-year-old allegedly said the girl “never said no or that she wanted to stop.”
“(The 22-year-old) stated that he thought (she) was 17-years-old, due to her telling him that she was,” the report stated.
Glouster Police officers searched the Braun Street residence for evidence, and cut the top of the mattress off the bed in the upstairs bedroom, where the alleged victim, Smith and the 22-year-old had all stated the incidents took place.
Smith was arraigned on Feb. 19 and pleaded innocent to the charges. He was released on his own recognizance, but must avoid all direct or indirect contact with the alleged victim and with the 22-year-old, according to court records.