Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, April 23, 1993                   TAG: 9304230315
SECTION: CURRENT                    PAGE: NRV-3   EDITION: NEW RIVER VALLEY 
SOURCE: By KATHY LOAN STAFF WRITER
DATELINE: CHRISTIANSBURG                                LENGTH: Medium

BLACKSBURG MAN FOUND GUILTY OF RAPE

An eight-man, four-woman Montgomery County jury recommended that John Christopher Smith, 20, of Grandview Drive, serve five years in prison.

Judge Duane Mink upheld the guilty finding and the sentence, but delayed sentencing until July 2 pending a background report. Smith remained free on bond.

Commonwealth's Attorney Phil Keith told the jury that the woman - who is 22 and a Radford University student - met Smith during the early morning of Aug. 30, was attracted to him and agreed to follow him to his house.

While they began to kiss and "make out," Keith said, she made it clear that she didn't want to have intercourse.

The young woman was raped when she tried to leave, Keith said.

Greg Campbell, Smith's lawyer, told the jury the rape allegation was "as serious as it gets," pointing out that a conviction carries a sentence of five years to life.

He asked the jury to consider all of the circumstances in deciding whether the woman was the victim of rape or had participated in consensual sex.

The woman testified that she was a willing partner until Smith became insistent about intercourse.

When she decided to leave, Smith jerked her by the shirt and pulled her back onto his bed, she testified. She said her back was scratched and that he choked her before she decided not to resist.

The woman testified that she grabbed her clothing to leave and that Smith walked her out to her car and told her they needed to talk the next day.