20-40 years in prison in rape at Suburban

An East Germantown man was sentenced Friday to 20 to 40 years in prison for the 2013 rape of a woman he forced into the commuter rail tunnel at Suburban Station.

Rafiq Smith seemed stunned by the sentence imposed by Philadelphia Common Pleas Court Judge Donna M. Woelpper, who ruled that he was a "sexually violent predator," and called him a "danger to society who has shown no remorse."

Smith, 44, whose real name is Malcolm Mininal but who was charged under one of several aliases, said nothing before sentencing. His lawyers said he would appeal.

Smith was found guilty by a jury in April 2014 of rape, involuntary deviate sexual intercourse, robbery, and kidnapping in the rape and robbery of the 54-year-old woman.

Assistant District Attorney Branwen McNabb said the woman was inebriated and had difficulty walking as she went through Suburban Station about 9 p.m. on March 5, 2013, to catch a train home to Glenolden.

McNabb said a man identified as Smith was seen on a security video comgin up to the woman and helping to steady her as she walks.

But McNabb continued that Smith forced the woman onto the tracks, where they disappeared into the commuter rail tunnel heading to Jefferson Station. There, the woman was assaulted and robbed of her cellphone and $87.

The victim had to quit her job and can no longer ride public transportation because of the trauma from the attack, McNabb said.

Smith's attorneys, Catherine Berryman and Megan Perez, argued against classifying him as a sexually violent predator under Pennsylvania's Megan's Law. Perez said he did not meet the criteria because Smith had only one prior arrest for sexual assault and the charges were withdrawn after the alleged victim did not appear in court.

Berryman asked Woelpper to sentence Smith to 10 to 20 years in prison - the mandatory sentence under the state's "three-strikes" law - because the rape conviction was Smith's second violent felony conviction. Smith was convicted of robbery in 1994.

Berryman said Smith's immediate family was gone, most through violence. An elderly aunt and another female relative were present to support him.

McNabb argued for a 40- to 80-year prison term, citing Smith's adult criminal record of 15 arrests and six convictions.

McNabb argued that Smith's criminal record showed a progression from robbery to robbery and sexual assault: "If he gets out, we're going to be right back here again, except the next time it may be even worse - it may be a homicide."