BALCH SPRINGS, TX — A North Texas woman says a newborn child may help prove she was raped, but she spent months waiting for police to act on that possibility. The woman, identified by CBS News Texas only as Ashley, says she reported the assault to Balch Springs police and later returned after giving birth nine months after the incident.
When she asked investigators to test DNA, she says she was told she would need to establish that the accused man was the father. Police records reviewed by the station show a sergeant told her a grand jury would likely not indict the man, identified only as Derek, based on her account alone. Ashley says the delay left her feeling that she had to prove what happened to her all over again.
Police notes, paternity court and a delayed DNA request
According to the police report, the sergeant advised Ashley to pursue a DNA test through paternity court instead of relying only on the criminal complaint. Ashley’s boyfriend had already taken a test showing he was not the father, but she still needed a way to connect the pregnancy to the alleged assault.
She filed a paternity case with the Texas Attorney General’s Office and attended two virtual hearings. Derek did not appear at either one. At the second hearing, the judge said he could not force Derek to submit to testing immediately, but scheduled three separate appointments to give him more chances to participate.
Ashley said the drawn-out process intensified her frustration. To her, Derek’s refusal to provide a sample only reinforced what she believed had happened. She told CBS News Texas that if he denied the rape, he should have willingly taken the DNA test.
Advocates say sexual assault reports remain heavily undercounted
Ashley did not have a lawyer handling her case, but she did receive help from an advocate with the Dallas Area Rape Crisis Center. The center says its contact with survivors has risen this year, even though sexual violence is widely believed to be underreported.
In 2025, the center’s hotline received 2,568 calls. During the first nine months of 2026, it received 2,346 calls, already more than 91% of last year’s total. The organization also accompanied 388 victims to hospitals for forensic testing in those nine months, just above the 386 hospital visits it logged during all of 2025.
Chief executive Amy Jones said the increase could mean more people are coming forward, but she cautioned that the numbers are hard to interpret because many assaults are never reported. A University of Texas study from 2015 found that one-third of adults in Texas had experienced some form of sexual assault, while fewer than 10% reported it to law enforcement.
Ashley says her case moved only after prosecutors got involved
By September, Ashley was told the case had been sent to the Dallas County District Attorney’s Office for grand jury preparation. In October, a Balch Springs police sergeant emailed her that prosecutors believed there was enough evidence to compel a DNA sample.
The case then went back to police. A sergeant prepared an affidavit, a judge signed a warrant, and DNA from Derek and the baby was sent to a Texas Department of Public Safety lab. That sequence marked a major shift after months of waiting and repeated attempts to get investigators to move the case forward.
Hours before CBS News Texas first reported on the investigation, Balch Springs police also asked Ashley for contact information for one of the witnesses who was present the night of the alleged assault. Nearly 20 months after she first filed her report, Ashley said she was hopeful the case would finally lead to accountability.
Balch Springs police say the investigation is still active
CBS News Texas reached out to Derek, who did not take part in the reporting. Balch Springs police declined an interview and did not answer questions, but the department released a statement saying it continues to work with Ashley and the district attorney’s office.
The department said the case will be resubmitted to the grand jury with additional evidence. Police also said the investigation remains active and that no criminal charges have been filed. In the statement, the department said it recognizes how serious and sensitive sexual assault investigations are and said it remains committed to a thorough and impartial review.
How survivors in Texas can reach help right away
The case highlights the emotional strain that can follow a sexual assault report, especially when forensic testing and court steps take months to unfold. It also shows how survivors may rely on crisis centers and advocates while moving through criminal and civil processes at the same time.
Help is available around the clock for anyone affected by sexual assault. The RAINN National Sexual Assault Hotline can be reached at 800-656-4673, and the Dallas Area Rape Crisis Center can be reached at 972-641-7273. Both hotlines operate 24 hours a day.
