Independent probe of rape victim's incarceration sought Woman with bipolar disorderwas detained until she testified

A mentally ill rape victim is suing Harris County and the county's law enforcement agencies for jailing her. The victim's face has been blurred in this photo to protect her identity. A mentally ill rape victim is suing Harris County and the county's law enforcement agencies for jailing her. The victim's face has been blurred in this photo to protect her identity. Photo: Sean Buckley & Assoc. PLLC Photo: Sean Buckley & Assoc. PLLC Image 1 of / 3 Caption Close Independent probe of rape victim's incarceration sought 1 / 3 Back to Gallery

A nationwide mental health advocacy group is calling for an independent investigation into the treatment of a rape victim who was jailed after having a breakdown in court.

The 25-year-old woman, identified in court documents as "Jane Doe," agreed to testify in the trial against her assailant, serial rapist Keith Edward Hendricks.

The woman, diagnosed with bipolar disorder and schizophrenia, broke down on the witness stand while trying to tell the story of her attack in 2013. She was later jailed at the behest of Harris County prosecutors who feared she wouldn't come back to court.

"It is inexcusable to jail someone experiencing a 'life threatening mental health crisis,'" the National Alliance on Mental Illness wrote in a letter dated Friday to Harris County District Attorney Devon Anderson, a Republican running for re-election in November.

The letter follows a similar call for an investigation on Thursday by Kim Ogg, Anderson's Democratic opponent.

The woman was found walking in front of traffic outside criminal courthouse in downtown Houston after fleeing from the courtroom. She was involuntarily committed to a psychiatric hospital to stabilize her condition. When she was released on Dec. 18, an armed investigator with the district attorney's office handcuffed the woman and took her to the Harris County Jail.

Anderson said the woman, who was homeless when she was raped, told prosecutors she had no intention of returning to testify against Hendricks. In a video statement released Thursday, Anderson said Hendricks, 55, could have gone free had she not taken the stand in the trial and the woman's life again would have been at risk.

"This was an extraordinarily difficult and unusual situation. There were no apparent alternatives that would ensure both the victim's safety and her appearance in trial," Anderson said in the statement.

She declined comment for this article on Friday.

The woman was housed in general population at the Harris County Jail rather than a separation cell because there was no order to isolate her, the Harris County Sheriff's Office said this week.

She spent about a month in jail during the Christmas holidays. During that time, the woman was attacked by another inmate, who smashed her head into the concrete floor, according to a federal lawsuit filed in her case. She was unable to get medication on a regular basis and was refused psychiatric help from the medical staff, the lawsuit says.

"To expose someone who has been through the profoundly traumatic experience of an aggravated rape and assault by placing her in a situation that is likely to perpetuate further trauma and despair is simply wrong," the letter to Anderson from the mental health advocacy group says.

Ogg, who is running against Anderson in the November general election, also called for an independent review of the circumstances that led to the woman being jailed.

"In all my years as an attorney, I have never seen a more egregious miscarriage of justice for a victim of sexual assault," said Ogg, in a written statement released by her campaign. "Devon Anderson is showing callous disregard for the trauma of a rape victim, and instead of launching a transparent investigation, she wants you to support this disgraceful judgment."

On Jan. 11, the woman returned to court and testified against Hendricks. He was convicted and received two life sentences.

In their letter to Anderson, the Alliance asked for a meeting with her and the top staff in the District Attorney's Office to "discuss steps that will be taken to ensure that situations like this one will not recur."

The federal lawsuit accuses the DA's office, the Harris County Sheriff's Office, prosecutors and jailers of violating the woman's constitutional rights. The suit is seeking unspecified damages but her attorney said it could end up costing Harris County millions of dollars.

Samantha Ketterer contributed to this report.