Child molester now accused in 20-year-old assaults
A former York County Sunday school teacher serving prison time for molesting three girls in 2011 is now accused of sexually assaulting two other teens in the '90s.
Police say Donald W. Smith, 58, formerly of West Manchester Township and Windsor borough, is charged with two counts of statutory sexual assault in one case and involuntary deviate sexual intercourse and indecent assault in the other.
In 2011, Smith was sentenced to six to 12 years in prison after he pleaded guilty to charges including involuntary deviate sexual intercourse and aggravated indecent assault on a child. He admitted to sexually assaulting three children.
Smith is serving his time at Waymart State Prison in Wayne County.
Teenage girl: On July 5, a woman told York Area Regional Police that Smith had sex with her twice in the summer of 1996, court documents say.
The woman, who was known to Smith and was a teenager at the time, had sexual intercourse with him at his house, and afterward she told him she did not want to do it again, documents state.
Despite that, Smith went to her home when she was alone and had sex with her again, documents allege.
Smith also indecently touched her while they were in a pool, police allege.
At the time of the alleged assaults, Smith was living in Windsor, where he had moved from Oklahoma, police said.
Second case: On May 10, a man told police that Smith molested him, according to charging documents.
The victim, who was known to Smith, told police Smith had touched his genitals and made him touch Smith's genitals between 1998 and 2000, police said.
The alleged victim told police he refused Smith's requests to give and receive oral sex, according to court documents.
The charges in both new cases were filed Wednesday, July 26, and Smith was arraigned on them the next day, according to court records.
Statute of limitations: In Pennsylvania, the statute of limitations on child sex assault offenses varies, depending both on the seriousness of the offense and when it occurred, according to senior deputy prosecutor Chuck Murphy.
Generally speaking, he said, the statutes of limitation on child sex crimes begin to run after the alleged victim turns 18 — not at the time of the offense, Murphy said.
Children sexually assaulted in Pennsylvania can now report the assault at any time until they turn 50 years old, and police will still be able to file charges, the prosecutor said.
But for some crimes that happened in the past, before state laws were changed, police must use the date of a child victim's 18th birthday to determine what the statute of limitations should be, according to Murphy. For example, for a child who turned 18 in 2004, a charge akin in seriousness to child rape would have a 12-year statute of limitations.
Prior to 2002, even the most serious child sexual offense had a five-year statute of limitations that started running when the victim turned 18, Murphy said.
Sunday afternoons: The 2009-10 incidents happened at Smith's former West Manchester Township home, where several children would go to watch movies and hang out on Sunday afternoons, according to police.
Smith was charged in June 2010 by West Manchester Township Police in those cases. The victims were 11, 12 and 14 years old.
In February 2011, Smith pleaded guilty to charges in three cases as part of a negotiated plea agreement, senior deputy prosecutor Seth Bortner said at the time.
Smith remains incarcerated on his six- to 12-year sentence.
It is unclear if he has retained an attorney for the new charges. District Judge John H. Fishel set bail at $175,000. although Smith can't be released even if he posts bail.
Smith's preliminary hearing is scheduled for 1 p.m. Thursday, Aug. 31, at Fishel's office.
— Reach Christopher Dornblaser at email@example.com or on Twitter at @YDDornblaser.