Authorities in New York City are investigating rape allegations against actor Devin Rattray, best known for playing his brother in the movie Home Alone, CNN has obtained.
Ratray, who denied the allegations in a call with CNN, is now facing domestic violence charges stemming from an unrelated incident in Oklahoma last December involving his then-girlfriend. He has pleaded not guilty and a hearing is scheduled for October.
News of Rattray’s arrest in Oklahoma prompted Lisa Smith to contact prosecutors about a police report she filed in 2017, accusing the actor of raping her in New York City. wanted to know why the case of was not pursued. Her prosecutor said she erroneously believed she wanted her anonymity and did not want to prosecute, as a result of which she was told the case was closed. .
Smith, who also contacted CNN, said she was “devastated” that authorities hadn’t fully investigated her allegations when she first came forward. and was interviewed by a Manhattan District Attorney’s Office investigator from out of state, after which he sent an email suggesting the case was closed, despite providing the suspect’s clothing for the night. provided. An attack targeting the possibility of DNA testing.
New York police declined to answer CNN’s questions about the handling of the case. Emails seen by CNN show that prosecutors recently reached out to Smith for information, asked for phone and text records, and contacted potential witnesses.
Ratray has not been charged in connection with Smith’s allegations.
When reached by phone by CNN last week, Ratray, 45, said she recalled a night with Smith about five years ago, but denied her rape allegations. I didn’t,” he said.
Ratray’s attorney did not respond to a request for comment emailed by CNN.
Playing the bully of Macaulay Culkin’s brother in the 1990 film Home Alone and its 1992 sequel, Rattray has had a long acting career. He has appeared in numerous movies and TV shows, including last month’s episode of “Better Call Saul.”
Smith told CNN that he had been friends with the actor for about 15 years before the assault charges were filed on September 21, 2017. The group then went to Rattray’s Manhattan apartment for another drink.
Ratray poured drinks for his friends, Smith said, but he seemed intent on giving her a particular glass. Shortly after her drink, Smith said she was exhausted, and Rattray invited her to stay at her house and sleep on his couch.
She said she believed she was on drugs.
“I remember waking up and not being able to move. I couldn’t open my eyes, but I could hear what was happening, and I could feel what was happening. I knew I was still sitting on the couch with the other two gone,” Smith said.
She claimed that Ratray sexually assaulted her for a period of time that felt like “forever”.
In the end he left her alone on the couch. Around 2 p.m. the next day, she said, Mr. Smith was mobile enough to put on her clothes and move out of the apartment.
Smith had previously been assaulted by another man and initially reported the alleged rape because she felt she had been mistreated by police when she filed a complaint and was tested for a rape kit. said he was reluctant to do so. A NYPD source confirmed to CNN that Smith previously reported it.
The day after Ratray allegedly assaulted her, Smith told a friend, her sister, and one of her brothers what happened. All three confirmed to his CNN that Smith confided in the incident at the time. Her brother told CNN that he feels guilty for leaving her sister to sleep on her Ratray couch. Smith’s sister and two of her friends also confirmed they were recently contacted by the district attorney about the case.
The day after the alleged assault, Smith reached out to Rattray via text message to confront him. Ratray denied the assault in a text, she said. Smith no longer has the text, but a transcript of the purported message was in another text exchange between Smith and her sister, a copy of which was reviewed by CNN.
According to Smith’s response signature, Rattray tried to cast the incident as a consensual encounter, but said he was “powerless” to have sex.
Weeks after the alleged assault, Smith, who had moved to Utah, said a friend encouraged her to file a police report.
NYPD detectives flew to Salt Lake City to interview her in November 2017. In the detective report he filed with her Jan. 4, he ticked a box indicating Smith did not want to be prosecuted. But after that report was filed, Smith said he flew to New York to meet with the Manhattan District Attorney’s Office for an interview.
Less than two months after being interviewed by the NYPD, Mr. Smith said he had heard nothing from the DA after he flew to meet with him. She told CNN that the lack of further communication made her “sad” and “confused.”
In the fall of 2018, nearly a year after Smith first reported the assault to the NYPD, Smith said she came across a storage box containing the clothes she had been wearing on the night of the alleged assault, specifically the sweater she was wearing. Told. It is believed that she had DNA evidence. She told a NYPD detective about her find, which she mailed to him, and she never heard from her detectives after she sent him the clothes.
When contacted by CNN, the detective who first met with Smith declined to comment.
Smith pointed to her efforts to support the investigation as evidence of her desire to prosecute the perpetrators.
“Why did I meet with the Attorney’s Office in the first place, years ago, when I had no intention of filing charges? … All of this was very upsetting to me,” she said.
After Rattray was arrested for domestic violence last year, Smith said a friend emailed her a news story about the incident. He said that this was the motivation for him to reach out to him.
“When I saw him being accused of assaulting someone else, I realized that I needed to do whatever I could to prevent him from hurting any more women,” she said.
Smith said in May that she met with prosecutors from the Manhattan District Attorney’s Office’s sex crimes division and apologized for the way she handled her case.
Prosecutors told Smith, “I should have had victim counseling at least years ago.” I started crying when I realized that this was the first time someone had acknowledged