A 19-year-old from Bridgend who raped a 13-year-old girl, and then attacked a 15-year-old girl while he was on police bail, has been sentenced to nine years’ detention in a young offender institution.
Kye Smith, of Park Street, admitted four counts of rape and one count of assault of a girl by penetration. He was sentenced at Cardiff Crown Court by Judge Eugene Egan.
A false name and a false age
Smith got in touch with both girls through social media before arranging to meet them in person. Prosecutor Nicola Powell told the court he presented himself to the younger girl as a 16-year-old called Kyle, even though she had told him she was only 13.
He also told her he was 6ft tall and claimed he had been stabbed six months earlier, saying he had “nearly had to kill” the people responsible.
The car park attack
The girl was nervous about meeting him and brought friends along when Smith travelled to see her. The group ended up in a multi-storey car park. There he asked her for a hug, sat her on his lap and kissed her, leaving her frightened and unsure what he would do next.
When a friend offered to leave with her, the girl felt Smith glaring at her and said she would follow shortly.
Once the friend had gone, Ms Powell said, Smith became more forceful. He touched the girl sexually over her clothing while she repeatedly told him “no”, leaving her feeling powerless. She said she was “scared”, but he ignored her, tried to lift her legs, put her hand on his penis and asked for sex.
The girl refused, saying she did not want it to be her first time. He replied: “If it’s your first time I’ll make it a good time”.
She told him “N O spells no”, but Smith went on to make her perform oral sex on him and then raped her. He carried on when she told him it hurt and asked him to stop. She said she “hated every moment” and felt like her “head was spinning”.
Smith told her not to tell anyone. After he left, she broke down in tears and told a friend and a family member what had happened.
When he was arrested, Smith claimed the girl had started the sexual contact.
Second attack while on bail
Smith was released on police bail. Five months later he began messaging a 15-year-old girl and arranged to meet her, arriving with vodka and condoms.
They went with her friends to a local park to drink and socialise. As the girl swung on a tree, he touched her thigh and bottom.
Later that evening she fell down some steps and hit her head, which left her semi-conscious. Her memory of what followed is “patchy”, but she recalled feeling “drunk, unwell, and vulnerable”.
Smith kissed her neck and touched her over her clothing, and she told him to stop. She then went to a secluded wooded area to use the toilet, but he followed her, sat beside her and kissed her. She brushed his hands away when he tried to undo her shorts.
She next remembered him removing her clothes. She said “no”, tried to pull away and shouted “stop”, but Smith raped her twice. The court heard the attack was painful and left her bleeding.
He stopped when her friends began phoning her. They helped the girl, who was crying and partly undressed, and they ran from Smith. He took her purse.
Messages and arrest
Smith later contacted the girl, telling her: “I had no idea what I was doing, I can’t apologise enough”. He added: “I f hate the fact I got out of control. I am so sorry – that wasn’t me yesterday.”
Police were called and arrested Smith at his home, where officers found the girl’s purse.
In the girls’ own words
Ms Powell read a victim personal statement from the first girl to the court. It said:
“I honestly feel like you have gutted me from the inside out. You stripped me of my independence. I no longer feel safe to walk and carry myself alone. The fear has never left me… I have to deal with this trauma which impacted me when I was 13 years old…
“What the defendant did to me has affected the way I see relationships and towards men. I have lost some of my school years and it has affected my education and friendships. I feel completely alone. You will never feel the pain and suffering that comes with being a victim as a 13-year-old child. You may not remember my face but I remember yours – it haunts me every night. I hardly knew your name but you’re my biggest demon. I hope it will stay with you for the rest of your life, as it does mine.”
The second girl said in her statement: “Since the incident happened I suffer frequent and vivid flashbacks. I try my best to not think about what happened but it’s on my mind every single day. I feel numbness and guilt and often on edge, and hyperventilate when around people.”
She described feeling “Intense sadness” and “overwhelmed”, and said she has been diagnosed with severe anxiety and PTSD.
Mitigation
The court heard Smith has no previous convictions. James Evans, defending, said his client was a young man and described the death of his grandfather as “changing his life”.
Mr Evans said Smith had hoped to join the armed forces and was training as a carpenter, but had been suspended from college.
Sentencing
Judge Eugene Egan sentenced Smith to a total of nine years’ detention in a young offender institution. He also imposed:
- Sex offender notification requirements, indefinitely
- A sexual harm prevention order lasting 20 years
- A restraining order, indefinitely
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