Hays County woman says her rapists are walking free, files civil suit

SAN MARCOS, Texas - A Hays County woman, whom Fox 7 Austin is keeping anonymous for her protection, continues to relive a nightmare of a brutal rape in 2014. She was invited by a friend over to his house in San Marcos. He also had two other male friends over.

"Never did I plan on having sex with any of them,” she said.

She felt she could trust her friend. She stayed and had a drink, but not long after, she began to feel horrible.

“I felt like the room was spinning and I just felt like something bad was going to happen,” she said.

She said her friend who invited her suddenly disappeared from the living area. She said one of the other men led her to a back room where he began to rape her, while another man just stood by.

“He's like laughing. I turn my head and look at him. My mascara is all smeared and I’m crying and I tell him, please tell him to stop,” she said.

The next day she reported the rape, and a sexual assault exam was done. Months later, the district attorney’s office at that time told her news she did not want to hear.

"The DNA, I’m disposing of and disposing of the case altogether,” she said, quoting what she was told.

She never knew what those DNA test results were, until this past July, when advocates helped her get a hold of her results. 

“It just proved everything. I saw the drugs that were in my system, stuff I’ve never been on,” she said.

Since the criminal justice system did nothing for her, she is now going the civil route, suing the three alleged rapists.

“It is heartbreaking. I don’t know how anybody could hear her story and not be moved. The way she described the drugging happening, it's all corroborated in the report,” said Robert Ranco, with DC Law Firm.

She is hoping by sharing her story, other victims can be courageous and come forward. She also wants to fulfill a promise she made to her late mother.

“She told me to fight it to the very, very end,” she said.

“It would be fantastic is they could reopen this case, and take a look at the materials they have at their disposal,” said Ranco.

The current Hays County District Attorney Wes Mau, who was not the district attorney at the time of the alleged incident, confirmed the case was tossed due to insufficient evidence. Mau said one of his prosecutors did meet with the victim back in September to listen to her story and evidence she brought forward.