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Man charged with rape, felonious restraint

Joshua James Smith, 31, is charged in district court in Burke County with Class A felony forcible sexual assault of a woman at a residence near Bowbells on July 20 as well as Class C felony felonious restraint and Class C felony aggravated assault. In another case in district court in Burke County he is charged with Class AA felony forcible sexual assault and five counts of Class C felony aggravated assault, all connected with the same incident.

According to a probable cause affidavit filed with the court, the female victim was stopped by deputies on July 20 while driving a vehicle in Williams County. The deputies noticed that the woman was not wearing any clothing and had duct tape around her neck and cuts and restraint marks on her wrists and ankles. The woman told authorities that she had been held against her will, strangled into unconsciousness multiple times, tied up and sexually assaulted by Smith at a residence he rented outside of Bowbells. Smith fell asleep beside the woman. The woman told authorities she was able to chew through her bonds, cover herself with a blanket and make her way to Smith’s car parked outside. Smith followed her so she dropped the blanket, got in the car and drove away. The woman told authorities she was afraid Smith would kill her.

Authorities located Smith in Williston and placed him under arrest. Smith later allegedly described it as a “crime of opportunity” and acknowledged the assaults on the woman. Smith was previously known to the alleged victim and they had socialized the previous evening, according to the affidavit.

Smith is in custody at the Williams County Jail in Williston.

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