Ratray, who denied the allegation in a phone call with CNN, is currently facing domestic violence charges stemming from an unrelated incident in Oklahoma that involved his then-girlfriend. He has pleaded not guilty in that case and an upcoming hearing is scheduled for October.
It was news of Ratray’s arrest in Oklahoma that prompted Lisa Smith to contact prosecutors about a police report filed in 2017 accusing the actor of raping her in New York City. She wanted to know why her case was not taken forward. That said, prosecutors wrongly assumed that she wanted to remain anonymous and did not want to be charged. As a result, the case was closed, she said she was told.
Smith, who also contacted CNN, said she was “devastated” that officials failed to fully investigate her allegations when she initially surfaced. She provided emails that suggest the case was closed, even though she had taken steps to cooperate with the investigation, traveled out of state to be interviewed by investigators at the Manhattan District Attorney’s office and later on the night of the alleged provided a garment to be worn by him. Attack for possible DNA testing.
New York police declined to answer CNN’s questions about their handling of the case. A spokesman for the district attorney’s office confirmed they are “in touch” with Smith but declined to discuss his handling of the case. Emails reviewed by CNN show that a prosecutor recently approached Smith for information, asked for phone and text records and contacted potential witnesses.
When contacted by CNN in a phone call last week, Ratray, 45, said she recalled an evening with Smith about five years ago, but denied her rape allegation. “We didn’t have sex,” he said.
A lawyer for Ratre did not respond to a request for comment sent by CNN via email.
Rattray, who played Macaulay Culkin’s older brother bully in both the 1990 film “Home Alone” and its 1992 sequel, has had a long career as an actor. He has appeared in several movies and television shows, including an episode of “Better Call Saul” last month.
what smith says happened
Smith told CNN that she was friends with the actor for nearly 15 years before the alleged assault on September 21, 2017. That night, she said, she had met her brother, another friend, and Ratrey at a New York City bar. The group later went to Rattray’s Manhattan apartment for another drink.
Rattray poured drinks for his friends, Smith said, but he seemed intent on giving her a specific glass. Soon after drinking the drink, Smith said she was tired and Ratray encouraged her to stay on his couch and go to sleep.
She said she believed she was drugged.
“I remember waking up and I couldn’t move. I really couldn’t open my eyes, but I could hear what was happening and I could feel what was happening. I knew the other two.” The guys were gone and I was still on the couch,” Smith said.
She alleged that Ratre sexually assaulted her to make it feel like “eternity”.
Eventually he left her alone on the couch. It was sometime around 2 p.m. the next day, she said, when Smith was able to move long enough to throw on her clothes and walk out of the apartment, she said.
Smith said she was initially reluctant to report the alleged rape because she had been assaulted by another man once before and felt that the police had taken her away when she filed a complaint and submitted the rape kit to the exam. treated badly. A NYPD source confirmed to CNN that Smith made the previous report.
The day after Ratray allegedly assaulted her, Smith told a friend, her sister and one of her brothers what had happened. All three men confirmed to CNN that Smith had told them about the incident at the time. His brother told CNN that he leaves his sister to sleep on the nightstand’s couch. Smith’s sister and two of her friends also confirmed that they were recently contacted by a district attorney about the matter.
A day after the alleged assault, Smith reached out to Ratray via a text message to confront him. She said that Ratray denied the attack on text. Smith no longer has the texts, but a transcription of the purported messages was in a separate text exchange between Smith and his sister, a copy of which was reviewed by CNN.
According to Smith’s characterization of the response, Rattray sought to cast the incident as a consensual encounter, but stated that he was unable to have sex because he was “impotent”.
A few weeks after the alleged assault, Smith—who had moved to Utah—said a friend encouraged him to file a police report, which he did.
An NYPD detective went to Salt Lake City to interview him in November 2017. In the detective’s report, which he filed on January 4, he checked a box indicating that Smith did not want to be prosecuted. Still, after that report was filed, Smith said she went to New York to meet with the Manhattan District Attorney’s office to be interviewed.
Smith said he never heard anything from the DA after he flew to meet her less than two months after being interviewed by the NYPD. She told CNN it left her “depressed” and “confused” by the lack of further communication.
In the fall of 2018, nearly a full year after Smith first reported her attack to the NYPD, she said she had come across a storage bin with the outfit she was wearing on the night of the alleged assault, specifically the sweater she had worn. was worn. It is believed that there may be DNA evidence on this. He told the NYPD detective about his discovery and mailed it to him. He did not listen to the detective when he sent her clothes.
When reached by CNN, the detective who met Smith declined to comment.
Smith pointed to his efforts to aid the investigation as evidence of his desire to prosecute his assailant.
“Why would I have met the DA years ago if I was not ready to make the allegations? … It was all very disturbing for me,” she said.
Following Ratray’s arrest for domestic violence last year, Smith said a friend emailed her news of the case. She said reading her name in the headlines prompted her to reach out to authorities and CNN.
“Seeing that he was accused of assaulting someone else, I realized that I needed to do everything I could to stop him from hurting even more women,” she said.
In May, Smith said she met with a prosecutor from the sex crimes unit at the Manhattan District Attorney’s office, who she says apologized for the way her case was handled.
The prosecutor told Smith that he “should have offered counseling to the victims at least in all those years,” she said. “When she said that I started crying because I realized it was the first time anyone was acknowledging how deeply I had been affected, or traumatised.”