Devin Ratray, 'Residence Alone' actor, underneath investigation for alleged rape

Ratray has not been charged in connection to Smith's allegations.

When reached by Muricas News in a cellphone name final week, Ratray, 45, stated he recalled the night with Smith almost 5 years in the past, however denied her rape allegation. "We didn't have intercourse," he stated.

An lawyer for Ratray didn't reply to a request for remark despatched by Muricas News by way of e-mail.

Ratray, who performed Macaulay Culkin's bully of an older brother in each the 1990 movie "Residence Alone" and its 1992 sequel, has had a protracted profession as an actor. He is appeared in quite a few movies and tv exhibits, together with an episode of "Higher Name Saul" final month.

What Smith says occurred

Smith informed Muricas News she had been pals with the actor for about 15 years earlier than the alleged assault on September 21, 2017. On that night time, she stated, she met her brother, one other good friend and Ratray at a bar in New York Metropolis. The group later went to Ratray's Manhattan house for one more drink.

Ratray poured drinks for his pals, Smith stated, however he appeared intent on giving her a selected glass. Shortly after consuming the beverage, Smith stated she turned exhausted and Ratray inspired her to remain over and sleep on his sofa.

She stated she believes she was drugged.

"I bear in mind waking up and I could not transfer. I could not actually open my eyes, however I might hear what was taking place and I might really feel what was taking place. I knew that the opposite two folks had been gone and I used to be nonetheless on the sofa," Smith stated.

Ratray sexually assaulted her for what felt like "an eternity," she alleged.

Finally he left her alone on the sofa. It was a while round 2 p.m. the following day, she stated, when Smith was in a position to transfer sufficient to throw her garments on and get out of the house, she stated.

Smith stated she was initially reluctant to report the alleged rape as a result of she had been assaulted as soon as earlier than by one other man and felt she was handled poorly by police when she filed a grievance and submitted to a rape equipment examination. An NYPD supply confirmed to Muricas News that Smith had made a earlier report.

The day after Ratray allegedly assaulted her, Smith informed a good friend, her sister and certainly one of her brothers what had occurred. All three people confirmed to Muricas News that Smith confided in them in regards to the incident on the time. Her brother informed Muricas News he carries guilt for leaving his sister asleep on Ratray's sofa. Smith's sister and two of her pals additionally confirmed that a district lawyer just lately contacted them in regards to the case.

A day after the alleged assault, Smith reached out to Ratray by means of a textual content message to confront him. Ratray denied the assault over textual content, she stated. Smith now not has the texts, however a transcription of the purported messages was in a separate textual content alternate between Smith and her sister, a replica of which was reviewed by Muricas News.

Ratray sought to solid the incident as a consensual encounter, in response to Smith's characterization of his response, however stated he was unable to have intercourse as a result of he was "impotent."

The police get entangled

A couple of weeks after the alleged assault, Smith—who had moved to Utah—stated a good friend inspired her to file a police report, which she did.

A NYPD detective flew to Salt Lake Metropolis to interview her in November 2017. Within the detective's report, which he filed on January 4, he checked a field that indicated Smith didn't need to prosecute. But, after that report was filed, Smith stated she flew to New York to satisfy with the Manhattan District Legal professional's Workplace to be interviewed.

Smith stated she by no means heard something from the DA after she flew to satisfy with them lower than two months after being interviewed by the NYPD. She informed Muricas News this left her "unhappy" and "confused" by the shortage of additional communication.

Within the fall of 2018, almost a full yr after Smith first reported her assault to the NYPD, she stated she got here throughout a storage bin with the outfit she was carrying the night time of the alleged assault, particularly the sweater she had been carrying that she believed could have had DNA proof on it. She informed the NYPD detective about her discovery and mailed it to him. She didn't hear from the detective after she despatched him the clothes.

When reached by Muricas News, the detective who initially met with Smith declined to remark.

Smith pointed to her efforts to help the investigation as proof of her want to prosecute her assailant.

"Why would I've met with the DA within the first place, years in the past, if I wasn't prepared to press expenses?...This was all very upsetting to me," she stated.

After Ratray's arrest for home violence final yr, Smith stated a good friend emailed her information tales in regards to the case. She stated studying his identify in headlines is what motivated her to succeed in out to authorities and Muricas News.

"Seeing that he was accused of assaulting another person made me notice that I wanted to do no matter I might to forestall him from hurting much more girls," she stated.

In Could, Smith stated she met with a prosecutor from the Intercourse Crimes Unit on the Manhattan District Legal professional's Workplace, who she says apologized for the best way her case had been dealt with.

The prosecutor informed Smith that she "ought to have at the very least been supplied victims counseling all of these years in the past," she stated. "When she stated that I started to cry as I noticed this was the primary time anybody was acknowledging how deeply impacted I had been, or that I had been traumatized."