A Harris County grand jury has no-billed Fransisco Jose Ugarte, 46, saying there wasn't enough evidence to indict him.
"It's really not fair that he gets away with doing this to me," said the victim.
The young woman claims she was raped last October and now Ugarte will not face a Harris County jury.
"My sense of security and safety and confidence in the justice system is kind of not existent at this point," said the victim.
Ugarte has been cleared of all allegations that he stalked the victim at a gas station, showed her a fake law enforcement badge, and then sexually assaulted her in a parking lot in October.
Now, a grand jury has decided there is not enough evidence to indict Ugarte. But neither the alleged victim nor investigators were asked to testify in front of jurors. The suspect was the only one called in.
"Clearly we make those witnesses available to the grand jury," said Trial Bureau Chief Maria McAnulty.
The district attorney's office says the grand jurors, not prosecutors, decide who they would like to hear from. And the case probably won't be presented again. The only time that a case is re-presented to a grand jury is if new evidence is developed.
"The only time that a case is represented to a grand jury is if new evidence is developed," said McAnulty.
"We have persons out there who are flashing badges and identifying themselves as police officers and possibly committing other felonies," HPD Union President Ray Hunt.
"Maybe he didn't get taken to trial but this was brought to light," said the victim.
Ugarte was cleared of all charges.
Take ABC13 with you!
Download our free apps for iPhone, iPad and Android devices