Despite having a baby from an alleged rape, a North Texas woman faces hurdles in finding justice
This is part 2 of a two-part I-Team investigation. Read part 1 here.
A North Texas woman who claimed police mishandled an investigation into her rape remained frustrated for months, despite coming forward with a key piece of evidence.
Nine months after the incident, the victim, whom the I-Team is identifying as Ashley, gave birth to a baby that she claimed was proof of the rape. But when she returned to Balch Springs PD, she was told she would need to prove her alleged rapist was the father. The I-Team is identifying him only as Derek.
In a police report reviewed by the I-Team, a sergeant added notes about his interaction with Ashley, writing that he told her "that a grand jury would almost certainly not indict [Derek] based on what she's reporting." He told her the best course of action was to pursue a DNA test through paternity court.
Ashley's boyfriend had already taken a DNA test which showed he was not the father.
Ashley filed a paternity case with the Texas Attorney General's Office and attended two virtual court hearings. Derek did not appear at either one. During the second hearing, the judge told Ashley that he could not force Derek to take a DNA test, but that he would schedule three different appointments to give Derek every opportunity to participate.
The process, which dragged out over several months, aggravated Ashley, who said that Derek's unwillingness to submit a sample was itself a sign of his guilt.
"You say you didn't rape me, go ahead and take a DNA test," she said. "Go ahead and do what you're supposed to do."
Rape complaints rise in 2026
Ashley did not have legal representation for her case, but she did get help from an advocate at the Dallas Area Rape Crisis Center. Statistics provided by DARCC show an increase in contact from 2025 to 2026.
In 2025, the hotline received 2,568 calls. In the first nine months of 2026, the hotline received 2,346 calls, more than 91% of the previous year's total.
The DARCC also reported that it accompanied 388 victims to hospital visits for forensic testing in the first nine months of 2026, compared to 386 visits for all of 2025.
"We'd like to think that it's because more people are reporting and not because more crimes are happening," said DARCC CEO Amy Jones. "But because this is one of the most underreported crimes, it is really, really tough statistically to get a sense of how often this is actually happening."
A study conducted by UT in 2015 found that one-third of adults in Texas have experienced some form of sexual assault, but less than 10% reported it to law enforcement. They gave a variety of reasons for not contacting police, including being scared, embarassed or worred they wouldn't be believed.
Where Ashley's case stands
In September, Ashley was told the case had been submitted to the Dallas County District Attorney's Office for preparation to present to a grand jury.
In October, an email from a BSPD sergeant told Ashley the DA's office felt there was enough evidence to compel a DNA sample. Prosecutors then returned the case to the police. A sergeant wrote an affidavit and a judge signed the warrant to collect DNA from Derek and the baby, which was sent to a Texas DPS lab.
Hours before our initial report aired, BSPD asked Ashley for contact information for one of the witnesses who was there the night of the alleged assault. Nearly 20 months after she first filed her report, Ashley says she is hopeful that justice will finally be served.
CBS News Texas reached out to Derek, but he did not want to participate in the I-Team's reporting.
Balch Springs PD declined to be interviewed or answer questions, but sent a statement:
"We continue to work with the victim and the District Attorney's Office. The case will be resubmitted to the grand jury with additional evidence. The investigation remains active, and no criminal charges have been filed at this time. The Balch Springs Police Department recognizes the serious and sensitive nature of sexual assault investigations and remains committed to conducting a thorough and impartial investigation while protecting the integrity of the case and the rights and privacy of those involved."
If you or someone you know has experienced sexual assault, help is available 24/7. You can contact the RAINN National Sexual Assault Hotline at 800-656-4673 or the Dallas Area Rape Crisis Center at 972-641-7273. Both hotlines are available around the clock.