DA: No suspect, no charge in alleged rape by officer or security guard

Note: This story was last updated at 8:40 p.m.

The six-month investigation of an alleged rape by a security guard or police officer has been completed, and no suspect has been identified and there is no basis for a criminal charge, Anderson County’s top prosecutor said. Also, the credibility of the alleged victim is in doubt, District Attorney General Dave Clark said in a Tuesday letter to Oak Ridge Police Chief Jim Akagi.

The Oak Ridge Police Department reported the alleged rape in June. An adult female had reported that she was raped by a uniformed man who appeared to be a police officer or security guard, although it wasn’t clear if a specific agency was ever named. The woman reported that she was handcuffed and raped behind Oak Ridge Mall in the back seat of a police-type cruiser.

The woman was interviewed by Oak Ridge police officers, and the ORPD then contacted the Anderson County District Attorney General’s Office, which notified the Tennessee Bureau of Investigation of the allegation.

“Due to the nature of the allegation, Chief Akagi thought it would be best to have another agency conduct the investigation,” Clark said in a two-page investigative report.

The TBI investigation of the high-profile case is now complete.

“The investigation was meticulous and involved many interviews and a delay for lab results,” Clark said in Tuesday’s letter to Akagi. “In short, I do not find any basis for a criminal charge. No suspect was ever identified. The alleged victim’s credibility is in doubt due to numerous conflicts within her own statements and conflicts with other witness statements and the physical evidence.”

Clark said a rape kit was collected at Methodist Medical Center, and DNA samples were taken from the victim and a reported consensual sexual partner.

Statements from the victim contain a “number of material conflicts,” he said.

“The alleged victim admitted to not telling the full truth in some respects,” Clark said. “Physical evidence, including video recordings, are not corroborative in material respects to the statements of the alleged victim.”

The DA said the victim’s description of the suspect has not resulted in the identification of anyone, and the description of the suspect and the suspect vehicle is inconsistent with any Oak Ridge police officer on duty at the time or of any Oak Ridge Police Department vehicle.

“In fact, the victim specifically indicated that the vehicle did not match the appearance of an Oak Ridge police cruiser,” he said.

Clark said no other police agency in the area is known to have a vehicle that matches the description provided by the victim, and no relevant physical evidence or witness was identified. DNA analysis did not reveal a suspect, he said.

Clark is limited in what he can say about the victim because of rape shield laws, but he said that the woman had traveled from California to Oak Ridge for a brief visit with a prior sexual partner.

“When she arrived in Oak Ridge, the victim found the man she was seeking (was) co-habitating with another woman and admits to having jealous feelings,” Clark said. “The alleged victim says that she did not want to report the crime but was compelled to do so.”

The DA said the woman continues to say she is not interested in prosecuting anyone for the alleged crime, and she returned to California shortly after the reported incident.

“The inability to corroborate the victim’s account together with the inconsistencies in her own statements, inconsistencies with the physical evidence for possible ulterior motives for privately claiming a rape, along with a consistent refusal to cooperate in a prosecution and an inability to identify a suspect all lead me to conclude that no prosecution is possible at this time,” Clark said. “While there are a few hallmarks of truthfulness in her report, including some embarrassing admissions and present sense impressions, these indicators of honesty do not outweigh the many problems with her statements and the evidence or lack of evidence. Accordingly, I have serious reservations as to whether any crime occurred.”

Clark said the investigation is open but inactive.

See Clark’s letter to Akagi here: DA Dave Clark Letter to ORPD Chief Jim Akagi.

See the first page of Clark’s investigative report here: District Attorney General Investigative Report Page 1. See the second page here: District Attorney General Investigative Report Page 2.

More information will be added as it becomes available.