Sexual assault survivors fight 'exceptional clearance'


Nationally fewer than one percent of reported rape cases result in a felony conviction and many parts of the country police for closing cases and marking them as solved without ever making an arrest CBS news correspondent Nikki Batiste tells us how a woman in Austin Texas is fighting back against the system she says failed her family more charts illustrates how she said she was treated after she reported being raped by a stranger last year when she was twenty one Borchardt says she was returning to our Austin Texas home when two men abducted her the man behind me grabs my throat and I go unconscious she was brought to this motel where she says a third man return multiple times over twelve hours according to bore chart the man gave her cigarettes and whiskey and demanded that she shower with him orchard managed to escape call police and have a rape kit done this man who was on parole after serving twenty years for murder first claimed he did not know her but when his DNA came back as a match he said the sex was consensual he was never arrested the police suggest why in this audio recording take and share with them consuming whiskey in the shower them together it doesn't make the Best Picture the police act like that was consensual one really I was trying to prevent another being assaulted again and you're probably a friend to you he might kill you yes he's still under what law enforcement calls an exceptional clearance that's when cases can be closed if the victim is uncooperative or a district attorney declines to prosecute turns out more than forty percent of closed three cases were exceptionally clear nationwide in twenty seventeen giving the public the impression they have been solved exceptional clearances not being used correctly Liz don again led the sex crimes unit at the Austin police department for nearly a decade now retired Donegan tell CBS news that she refused pressure to change rape cases from suspended two exceptionally cleared she was eventually transferred out of the sex crimes unit the public's perception about exceptional clearances of the case has been closed since been cleared with the help somebody accountable which could be further from the truth right the decision not to prosecute war charts case made by the office of Margaret Moore the Travis county district attorney allowed Austin police to exceptionally clear it are you ever deciding not to prosecute because you want to keep your record the best possible because you're worried you may not get a conviction now we've taken cases to trial during my administration where we've gotten not guilty but we believed in the case the jury didn't if what happened to Emily happened to your daughter granddaughter which is to be run comment on Emily's case that's because more along with Austin law enforcement are defendants in a class action lawsuit brought by Borchardt and seven other women who say their sexual assaults have been mishandled well we're sure it's alleged rapist walks free she just wants to be heard I much rather what of injured more physical violence and bent believe then be doubted and Austin City spokesperson speaking on behalf of the police department tell CBS news the city is currently undergoing a third party review of its training policies and resources the department of public safety recently audited the Austin police have found that thirty sexual assault cases were

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