University of Utah Diver Charged With Rape After Fleeing Country During Investigation

A member of the University of Utah men’s swimming and diving team has been charged with sexual assault after police say he fled to his native country of Canada amid a rape investigation.

Ben Smyth, 19, was in his sophomore season as a diver with the Utes in 2022-23.

According to The Salt Lake Tribune, charges filed Monday in 3rd District Court indicate a Utah student told police Smyth raped her in her dorm room in August 2022.

A native of Saanichton, British Columbia, Smyth initially denied knowing the woman, then later told police he had consensual sex with her, charging documents said. Smyth also told police he knew the woman was in pain while they were having sex, court documents show.

When police returned days later to serve Smyth with a protective order, they learned he had packed his things and moved out, according to charges.

A private investigator later confirmed Smyth fled to Canada after learning he was being investigated for rape.

A warrant has been issued for his arrest. Smyth faces charges of rape, a first-degree felony; forcible sodomy, a first-degree felony; and forcible sexual abuse, a second-degree felony.

According to The Salt Lake Tribune, the two first-degree felonies carry a punishment of five years to life in prison if convicted. The one count of sexual abuse is a second-degree felony, which carries a possible sentence of one to 15 years in prison.

Smyth last competed for the Utes on Feb. 10, 2023, as the team competed in a tri-meet with USC and UCLA in Los Angeles.

Utah Athletics said it became aware of the allegations on Feb. 16 and Smyth was suspended from all team activities on Feb. 20.

“On February 16 we were made aware of a serious allegation involving a member of our men’s swimming and diving program. Upon being notified by the University’s Office of Equal Opportunity (OEO) of a pending investigation, Ben Smyth was immediately suspended on Feb. 20 from all team activities,” the Utah Athletics statement says.

“We take matters of this type very seriously, and have continued to monitor the situation. We will not have further comment as this matter proceeds through the legal process.”

Police say the woman met Smyth while reading a book in the common area of her dorm building on Aug. 16, 2022. The two exchanged contact information, and later that night, Smyth went over to her room when she indicates her roommates were elsewhere.

Smyth suggested they play a game of Truth or Dare, during which he inquired about her sexual history, the charges state.

Smyth then began kissing the woman and “pushing her shoulders to lay her down on the floor,” charges state. The woman stated she “did not want to do that” and said “no” as he sexually assaulted and raped her, according to the charges.

During his interview with police, Smyth initially denied knowing the woman but later acknowledged he knew her and “had sex with her when he first met her,” according to charges.

Smyth joined the Utes as a freshman in the fall of 2021. He finished second in the men’s platform event and seventh on 1-meter at the 2022 Pac-12 Championships, and qualified for NCAAs during his first season at Utah, placing 36th on platform and 47th on 3-meter at the 2022 Men’s NCAA Championships.

He is no longer listed on Utah’s roster for the 2022-23 season.