Sexual assault survivors fight 'exceptional clearance'


Sexual assault survivors are fighting back against a controversial law enforcement practice which they say helps attackers avoid justice the so called exceptional clearance law allows unsolved cases to be closed if the victim is deemed uncooperative or if a DA declines to prosecute twenty three year old Emily Borchardt says she pleaded to be let go the night she was allegedly raped in Austin Texas motel I just remember sitting in the corner of the room telling them to just kill me according to bore chart the man gave her cigarettes and whiskey and demanded that she shower with him Bouchard escapes called police and had a rape kit done her alleged attacker was on parole after serving twenty years for murder he denied knowing her but after DNA link them the man claimed the sex was consensual the suspect was never arrested police suggest why in this audio recording from the precinct take a shower with them consuming whiskey in the shower with them together it doesn't make the Best Picture the police act like that was consensual one really I was trying to prevent being assaulted again police exceptionally cleared Borchert's case that's when cases can be closed if the victim is uncooperative or district attorney declines to prosecute exceptional Clarence's not being used correctly list on again now retired is former head of the sex crimes unit at the Austin police department 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 don again tells CBS news she refused to change rate cases from suspended two exceptionally cleared she was eventually transferred out of the unit in twenty eleven seven years before Borchardt alleged assault at any moment did you ever feel that the authorities believe geo I think they know no there is a crime committed against me then don't like to prosecute these types of cases the office of Travis county district attorney Margaret Moore made the decision not to prosecute Borchert's case 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 so that we believed in the case the jury didn't well more jurors alleged rapist walks free she's dealing with trauma so terrible people can even hear it but I have to live with it but this is Nikki

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