SAN MARCOS, Texas (FOX 7 Austin) - A former Texas State University student said the criminal case against a San Marcos man who sexually assaulted her seven years ago was unexpectedly dropped.
The same man arrested in her case was arrested again in April. Police said he broke into student dorms, stole belongings and, in one case, grabbed a woman’s breasts while she was sleeping.
When the sexual assault survivor learned her case was dismissed by the district attorney, she was shocked. She said what's worse is because the man was never prosecuted in 2011, he was able to victimize other women. "Here we are. Eight years later, he's done it again," she said. "I really hope that justice is served to them," she added.
In 2011, Chavez faced charges of sexual assault and strangulation.
The victim in that case said justice for those crimes was never served. "He didn't deserve the last eight years of freedom, nor did he deserve the right to do this again," she said.
The former Texas State student said her friend met Chavez at the university and all three attended a party together. After several uncomfortable exchanges, Chavez drove both women home. "Once he left, I was pretty relieved to be in the security of my own house and I fell asleep on the couch," said the victim. She said she slept for several hours alone in her apartment at the Villagio.
Her roommates returned home at one point and covered her with a blanket.
"The next thing I know, he's on top of me with both hands on my throat. I'm gasping for air. I can't breathe. I can't breathe. I can't talk. I can't say anything. And then I just went unconscious," she said.
The woman said while she was slipping in and out of consciousness, Chavez stripped off her clothes and forced himself on her. "This is when I really accepted death. I felt my body releasing everything, all the warmth it had just vanishing," she said.
She was finally able to get the attention of the four other people in the apartment and they chased him out the door. "We went to the hospital and had a rape kit done and drove all the way back to my parents' house," said the victim.
The next day Chavez was arrested and, for seven months, the victim worked with detectives and the district attorney to get ready for trial. "A few days or a week before the court date is when I just got the worst phone call. We weren't going to court. The case was dismissed," she said.
The Hays County District Attorney, who was not the district attorney at the time the case was dropped, said the reason listed for dismissal is "pending further investigation."
"So while he took my consent and, physically, my voice through strangling me and choking me unconscious, the government next silenced my story through politics," said the victim.
She was promised she would one day see her day in court, but it wouldn't be her case she'd be fighting for. "One thing that I was told was that, ‘When he does this again, you will have your chance to testify,’" she said. She encourages anyone else who may have been a victim to come forward and said she plans to provide a statement to the court if the new charges go to trial.