2008 Woodie Awards
Attorney general's opinion requested in recanted rape case
By Monte Ashqar
Issue date: 10/5/07 Section: News
Originally published: 10/4/07 at 3:32 PM CSTLast update: 10/4/07 at 7:37 PM CST
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The district office of legal affairs responded Sept. 28 to The Ranger's open records request to the department of public safety, to release records of an alleged rape and the subsequent investigation. The Ranger received the police incident report with information that might reveal the identity of the complainant blacked out.
The requested investigation records were not released.
Also a letter attached to the report said the request was sent to the office of the Texas Attorney General for a decision on releasing anything beyond the so-called "first page" incident report in that matter.
The Ranger sent a written request for this information Sept. 14 to Don Adams, police chief of the district's department of public safety, and Sept. 28 was the legal deadline for a response.
The complainant, who was a student at this college at the time of the incident, recanted her rape story on June 29.
Adams said in a story that was published in The Ranger on Sept. 14 that she recanted after the department's investigators came to the conclusion that the incident did not occur.
The identity of a sex crime victim may be concealed by law at the request of the victim, Adams said.
However, The Ranger argues that as the department determined no attack occurred, her name should be released.
The alleged assault happened Feb. 13, according to a story published in The Ranger on Feb. 23.
The student claimed she was assaulted by a knife-wielding white male while she was walking to her car at Main Avenue and Myrtle Street, and then he dragged her to his van and sexually assaulted her.
On the complainant's ID being revealed because no rape incident occurred, Adams said The Ranger could file for an open records request and the office of legal affairs would decide if that would be feasible.
Erik Dahler, associate general counsel with the district's office of legal affairs, said the complainant was notified of The Ranger's request and may request to keep her identity concealed, but that might not be necessarily the recommendation of the attorney general's office.
The requested investigation records were not released.
Also a letter attached to the report said the request was sent to the office of the Texas Attorney General for a decision on releasing anything beyond the so-called "first page" incident report in that matter.
The Ranger sent a written request for this information Sept. 14 to Don Adams, police chief of the district's department of public safety, and Sept. 28 was the legal deadline for a response.
The complainant, who was a student at this college at the time of the incident, recanted her rape story on June 29.
Adams said in a story that was published in The Ranger on Sept. 14 that she recanted after the department's investigators came to the conclusion that the incident did not occur.
The identity of a sex crime victim may be concealed by law at the request of the victim, Adams said.
However, The Ranger argues that as the department determined no attack occurred, her name should be released.
The alleged assault happened Feb. 13, according to a story published in The Ranger on Feb. 23.
The student claimed she was assaulted by a knife-wielding white male while she was walking to her car at Main Avenue and Myrtle Street, and then he dragged her to his van and sexually assaulted her.
On the complainant's ID being revealed because no rape incident occurred, Adams said The Ranger could file for an open records request and the office of legal affairs would decide if that would be feasible.
Erik Dahler, associate general counsel with the district's office of legal affairs, said the complainant was notified of The Ranger's request and may request to keep her identity concealed, but that might not be necessarily the recommendation of the attorney general's office.
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