Back in June of 2004, a sexual assault was reported to the Lincoln Police Department. Nearly 10 years went by with no information being shared with the alleged victim - the case was still marked open even though charges had never been filed.
LPD never gave the victim any information regarding steps taken to investigate and she was never given access to information of her own rape kit – even when she made multiple attempts to obtain the records. To the victim’s knowledge, no thorough investigation was conducted due to the alleged perpetrator’s prominence in Nebraska athletics.
Under Nebraska’s Public Records Act, “when a public body denies a request for records, [a government agency] must provide a full description of the contents of the records withheld and a statement of the specific reason for denial.”
In 2013, the victim had been in contact with Slate magazine journalist, Emily Bazelon. At the time, Bazelon had been writing a series of articles regarding the subject of rape by college players. When Bazelon heard about this specific case, she filed a lawsuit with the help of the ACLU of Nebraska stating that LPD failed to comply with Nebraska’s Public Records Act. The victim once again contacted LPD, this time requesting that the case be closed and records released to Bazelon.
The ACLU of Nebraska served as a local counsel for this case, stating that their main concerns are simply about access to records. “The law enforcement exemption to the Public Records Act was not meant to prevent someone from learning the results of their complaint, and certainly not meant to deny someone access to the results of their own rape kit,” said Amy Miller, Legal Director for the ACLU of Nebraska.
When law enforcement has stopped investigating a crime that you reported, you have the right to learn why.
In December of 2013, a settlement was reached between LPD and Slate – the ACLU of Nebraska was successful in giving the victim the chance to view the findings from the investigation, including the findings of her own rape kit!
Victims have rights. We are pleased that this case ended with an alleged victim having access to the information she needed to know law enforcement carried out a full investigation.
2016 is the 50th anniversary of the ACLU of Nebraska. We will feature several memories from our five decades of defending freedom in the Cornhusker state here. Do you have a favorite memory? Share it with us!
