Kye Smith, 19, of Park Street, Bridgend, has been sentenced to a total of nine years' detention in a young offenders' institute after admitting four counts of rape and one of assaulting a girl by penetration. Cardiff Crown Court heard that he raped a 13-year-old girl in a multi-storey car park and, after being released on police bail, went on to rape a 15-year-old girl in a wooded area.
First victim contacted on social media
Prosecutor Nicola Powell said Smith lied about his age and name when he began contact with his victims over social media and arranged to meet them at their respective locations. He told the first victim he was 16 years old and his name was Kyle, while she told him she was just 13. He also claimed he was 6ft tall and had been stabbed six months earlier, saying he "nearly had to kill" those responsible.
Smith travelled to see the victim, who came with her friends because she was feeling apprehensive. They ended up in a multi-storey car park, where the defendant asked the victim for a hug and placed her on his lap. He kissed her and the victim described feeling scared and unsure about what he was going to do next. Her friend asked her if she wanted to go with her, but the victim felt Smith glare at her and said she would follow shortly.
After the friend left, Smith became more forceful, moved his hand onto the victim's thigh and started to touch her sexually. Ms Powell said the victim repeatedly told the defendant "no" but he started to touch her vagina over clothing. She felt powerless as he continued to touch her despite her protestations.
"If it's your first time I'll make it a good time"
The victim said she was "scared" and did not like it, but Smith ignored her and tried to lift her legs up. He grabbed her hand and placed it on his penis and asked if they could have sex. The victim said "no" and said she did not want this to be her first time, but the defendant ignored her and said: "If it's your first time I'll make it a good time". She said "N O spells no" but Smith continued to ignore her and told the victim to perform oral sex upon him. The victim said she "hated every moment".
The defendant then vaginally raped the victim, which she found painful and told him to stop, but he carried on. She said she felt like her "head was spinning". Afterwards Smith told her not to tell anyone about what had happened. After he had left, the victim broke down crying and told her friend and aunt what he had done. The defendant was arrested and claimed the victim had instigated sexual contact with him.
Victim's statement: "you're my biggest demon"
In a victim personal statement read to the court by Ms Powell, the first victim 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..."
She added: "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."
Second attack five months after bail
Smith was released on police bail and five months later began messaging his second victim before arranging to meet her in person. When they met he brought vodka and condoms. The victim, the defendant and her friends attended a local park to drink and socialise, but as she swung on a tree he touched her thigh and bottom.
Later in the evening the victim fell down some steps and hit her head, which caused her to become semi-conscious. She described her memory as "patchy" but remembered feeling "drunk, unwell, and vulnerable". The second victim, a 15-year-old girl, said Smith began kissing her neck and touching her vagina over clothing and she told him to stop.
She went to go to the toilet in a secluded wooded area but the defendant followed her, sat next to her and kissed her. He tried to undo her shorts and she brushed his hands away. The victim next remembered Smith kissing her while removing her shorts and tights and pulling down her underwear. She told him "no" and tried to pull away but he removed his shorts, exposed his penis and attempted to penetrate her. The victim shouted "stop" but he raped her twice. The court heard the attack was painful and caused her to bleed.
Her friends began to call her and Smith stopped. She was crying and in a state of undress as her friends helped her and ran away from the defendant, who took the victim's purse. He later contacted her, saying: "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 Smith was arrested at his home, where officers found the victim's purse.
In her victim personal statement, the second victim said: "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 said she feels "intense sadness" and "overwhelmed", and has been diagnosed with severe anxiety and PTSD.
Sentence and orders
The court heard Smith has no previous convictions. In mitigation, James Evans said his client was a young man and described the death of the defendant's grandfather as "changing his life". He said his client had an ambition to join the armed forces and was training to be a carpenter but was suspended from college.
Judge Eugene Egan sentenced Smith to a total of nine years' detention in a young offenders' institute. The defendant was also made subject to sex offender notification requirements indefinitely, a sexual harm prevention order for 20 years and a restraining order indefinitely.
