Wayne County Man Faces Serious Charges in Child Sexual Abuse Case
A 76-year-old man from Ontario, New York is now behind bars after being charged with raping a child under 11 years old. The arrest highlights ongoing concerns about child safety in communities across New York State.
David J. Smith was arrested on May 25, 2025, by New York State Police following an investigation into reports of sexual abuse. Police say the alleged crimes happened at Smith’s home in the town of Ontario, which is located in Wayne County.
The Charges and Legal Process
Smith faces two counts of first-degree rape, which is a Class B felony in New York. This is one of the most serious criminal charges in the state’s legal system. After his arrest, Smith was taken to Wayne County CAP Court for his initial court appearance.
The judge set Smith’s bail at $50,000 cash, meaning he must pay the full amount in cash to be released from jail while awaiting trial. He is currently being held at the Wayne County Jail. The court also issued an Order of Protection for the young victim, which legally prevents Smith from having any contact with the child.
Understanding Child Sexual Abuse in New York
This case comes at a time when child abuse remains a serious problem across New York State. According to the New York State Kids’ Well-being Indicators Clearinghouse, Wayne County reported 320 children in indicated reports of abuse or maltreatment in 2023, representing a rate of 16.6 per 1,000 children.
Statewide, New York has struggled with child abuse rates that are higher than the national average. Data shows that New York’s rate of child maltreatment is almost twice as high as the national rate, with 17.1 per 1,000 children based on 2017 allegations.
The statistics are particularly troubling for very young children. According to federal health data, children under age 3 are significantly more vulnerable to abuse, and infants under one year old face the highest risk of death from abuse or neglect.
How These Cases Are Investigated
When reports of child abuse come in, they trigger a careful investigation process. The New York State Police Bureau of Criminal Investigation in Williamson handled this case, working to gather evidence and interview witnesses.
Child sexual abuse cases require specialized training and sensitivity because young victims often struggle to report what happened to them. Investigators must balance the need to gather evidence with protecting the child from further trauma.
The Legal Road Ahead
First-degree rape charges in New York carry severe penalties. If convicted, Smith could face 5 to 25 years in prison. The prosecution will need to prove their case beyond a reasonable doubt, which can be challenging in cases involving very young children.
The case will likely take months or even years to work through the court system. During this time, the victim will have access to support services and counseling to help with recovery.
Protecting Children in Our Communities
This case serves as a reminder that child sexual abuse can happen anywhere, often by people the child knows and trusts. According to federal data, 78% of child fatalities from abuse involve at least one parent as the perpetrator, showing how often abuse occurs within families or by caregivers.
Experts say adults should watch for warning signs that a child might be experiencing abuse. These can include sudden changes in behavior, fear of certain people or places, inappropriate sexual knowledge for their age, or physical signs of injury.
New York State requires certain professionals like teachers, doctors, and social workers to report suspected child abuse. But anyone who suspects a child is being harmed should contact local authorities or call the New York State Child Abuse Hotline at 1-800-342-3720.
Supporting Survivors
Child sexual abuse can have lasting effects on survivors, including mental health challenges, difficulty with relationships, and problems in school or work. However, with proper support and treatment, survivors can heal and lead healthy lives.
Organizations across New York provide services for child abuse survivors and their families. These include counseling, legal advocacy, and support groups designed to help children and families recover from trauma.
The case against David Smith is still developing, and he is presumed innocent until proven guilty in court. However, it highlights the ongoing need for communities to stay vigilant about protecting children and supporting survivors of abuse.
