WACO, TX — A Baylor student who claims she was sexually assaulted last fall is telling her story, reliving that night each time she talks about it.
"With sexual assault, your identity and your words get stripped away, and he added to that. by saying 'you were not sexually assaulted.' I can't help but have it effect my life when I'm having panic attacks and trouble breathing when I think about what he did to me. You stripped away my dignity!" says the alleged victim who chose to remain anonymous.
Because the incident happened off campus, it was taken up by Waco Police.
Criminal attorneys Cody Cleveland says cases like this can be difficult to investigate and prove.
"Because you have two parties and they each have two completely different stories. Usually, it's a female saying she had non consensual sex, and a male saying no it was consensual. So, you're always trying to determine which of these two parties do you believe and so you start looking at all the surrounding evidencem" says Cleveland.
According to the student, she went out drinking with another student and ended up in the same bed where she says she was raped.
"Some people don't understand the concept that out of fear, you freeze up while that is happening and you don't want to say no, because you freeze out of anxiety," says the alleged victim.
Because she never verbally said no to the advances she says the detective closed her case without an investigation.
"After it had happened, started to fall asleep slash black out. He asked 'are you good? Are you okay?' and I realized if someone asks you that while engaging in sexual activity, then that is not consensual," says the alleged victim.
In an edited video posted online, you can hear the detective explaining why the case was closed.
The problem it's in a manner that sexual assault advocates say is victim shaming and insensitive.
That's why a petition is now calling for the detective to be fired.
"I think he's completely unqualified to be a detective you know period and particularly among sexual assault cases. And my question is this the officer you want handling the cases of sexual assault?" says Amy Smith the victim's advocate.
We reached out to Waco Police department who said they had no knowledge of the complaint until 25 news investigated.
They're looking to see if any policy was violated.
"We investigate all of our cases that we can no matter what kind of case absolutely to the fullest and sexual assault case is no exception of that,"
says Officer Garen Bynum
When asked if the detective has a history of complaints or violations, the department said it didn't immediately know.
"I was not excited but hopeful, for justice. I was hoping to move forward I was hoping to be respected and I have none of that."
The woman says she's not looking to press charges, as she doesn't want to continue reliving that night.
As for the detective, even if they aren't fired, she wants Waco PD to have better training on how to communicate with sexual assault victims.