A Michigan woman who was 17 when she sexually assaulted her ex-boyfriend at knifepoint has avoided prison.
MLive reports that Lestina Marie Smith, now 18, was sentenced Monday to five years’ probation and will spend the next 25 years on the sex offender registry. The teen originally faced life in prison for the January 11 incident that was partially caught on tape.
As CrimeOnline previously reported, Smith was 17 when she forced the 19-year-old man to partake in vaginal and oral sex. Her attorney, James F. Gust, claimed that the assault followed a dispute about a sex tape.
“He allegedly had a sex tape that he was going to put out on social media,” the attorney told MLive.
“She wanted to make one with him so that she would have one to keep him from putting his out there.”
The victim testified that he and Smith dated for two months in 2016 and that he didn’t know why Smith wanted to meet on the night in question. Nevertheless, he met Smith in a driveway, where she cursed him out while recording with her cellphone.
He claimed that Smith began striking him before brandishing a steak knife—which she used to stab him in the arm and poke him under his eye. From there, Smith recorded herself forcing him to perform oral sex on her at knifepoint. The man testified that he also had intercourse with her at knifepoint.
The now-19-year-old stated that Smith either deleted the video that night or days before the assault. He also claimed that he wasn’t able to call for help because the doors were locked and Smith had confiscated his phone.
Smith pleaded no contest in September to second-degree criminal sexual conduct. In turn, prosecutors dropped two counts of first-degree criminal sexual conduct, the most serious charges the teen was facing.
Gust said that his client’s mental health, lack of a criminal record, and other extenuating circumstances were taken into account at sentencing. However, the attorney noted that the biggest factor was the victim’s letter in which he asked the judge not to send Smith to prison, according to MLive.
The Michigan woman will spend the next year under GPS monitoring. Circuit Judge Andre R. Borrello also ordered her to undergo sex offender treatment, cease contact with the victim, and to pay him $1,000 for damages to his vehicle.
[Featured Image: Lestina Marie Smith/Saginaw County Sheriff’s Office]