Davis County prosecutors decline to charge traveling salesman accused of rape

Police • Woman claims salesman assaulted her.
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Davis County prosecutors have declined to charge a traveling magazine salesman arrested in September for allegedly raping a Layton woman after he asked for a drink of water.

David Allen Smith, 29, who has no permanent address, was apparently in Utah to sell magazine subscriptions when he knocked on the woman's door, according to Layton police.

When a 24-year-old woman answered, Smith allegedly introduced himself as "David" and tried unsuccessfully to sell her a magazine subscription.

After the woman said she wasn't interested, Smith told her he was thirsty and asked for a drink of water. When the woman turned around to get the water, she later told investigators, Smith walked into her home uninvited.

At some point, the woman apparently decided to make a purchase and went to her bedroom to get her wallet. Smith followed her in, overpowered her and then raped her, police reported.

Layton detectives later tracked the traveling group of magazine sales people to Logan and determined that a "David," who matched the description of the man they were looking for, had been selling items in Layton on the day of the alleged rape.

When they took him into custody and interviewed him, Smith allegedly told officers that he did have sex with the woman, but that it was consensual, police said at the time.