A Florida woman has settled a negligence lawsuit against the Melbourne Police Department after discovering officers destroyed evidence collected the night she was sexually assaulted as a child in 1990.Liz Bradshaw was 11 years o ld when she was sexually assaulted by a man named Brian, the brother of her mother's boyfriend. A Melbourne Police Department report from 1990 documents the sexual battery.WATCH: Child rape survivor settles negligence lawsuit after police 'purged' evidence in 1990 sexual battery case Child rape survivor settles negligence lawsuit after police 'purged' evidence in 1990 sexual battery case"It was after my dad died. I don't ever remember being that happy kid again," Bradshaw told I-Team Reporter Kylie McGivern when they first met to discuss her case, three years ago.Suspect in sexual assault of 11-year-old won't be charged 30 years later, rape kit evidence purgedAccording to the report, officers collected physical evidence that night, including pink sheets, a blue washcloth, a peach blanket, a white nightshirt, and green underwear. The Florida Department of Law Enforcement processed her rape kit within 11 months, finding DNA on Bradshaw's underwear and nightgown. No arrest was ever made.Because Brian was never charged, his full name is not being used."The police came out, went to the hospital, and I did everything you're supposed to do," Bradshaw said. Bradshaw said a family member told her Brian had died by suicide, and for more than 30 years, she believed he was dead.Then, in October 2022, she saw him."Normally, we would stop on the way home. At the Wawa. And I was waiting to order and I I saw him. It was like I understood fight or flight in that moment. And I flew. I snatched my grandson up and I sat in my truck and I cried," Bradshaw said.She went to police and requested the records from her case. She told the I-Team what she found stunned her."Right here on the paperwork that the suspect was not located or contacted. And that's where it ends," Bradshaw said.The rape kit and the DNA evidence collected the night of the attack had been destroyed."The physical evidence was 'purged without record,'" Bradshaw said.Attorney Damon Baxley took on Bradshaw's case after the I-Team aired Bradshaw's story."It was the largest travesty of justice I had seen as far as the law enforcement agency and the way that they treated a victim," Baxley said.Baxley said the destruction of evidence and the department's repeated failure to make contact with the suspect made prosecution impossible."The case had been so fumbled that no prosecution could be pursued. It would violate the gentleman's due process rights, because they've had multiple opportunities in law enforcement to make contact with him, investigate, and if they decided arrest them for that particular charge, and they had not done so. Not to mention, obviously the destruction of all physical evidence," Baxley said.While the terms of the settlement are confidential, Baxley said the outcome carries significance for other victims and survivors."From a victim's perspective, we feel like we have taken a step forward in the judicial arena to help other future plaintiffs in similar circumstances. And that was may more valuable than any amount of money," Baxley said.The I-Team contacted Melbourne Police Department for comment and asked about any policy changes since first reporting on Bradshaw's case. The department has not yet responded.Brian was also contacted by phone and by letter, outlining Bradshaw's allegations, giving him every opportunity to respond ahead of the I-Team initial investigation three years ago. He never did.Bradshaw said this isn't over. She plans to push the new state attorney in Brevard County to see what else can be done. For now, she says she is focused on encouraging other survivors to speak out."Don't stop fighting. Get loud. When they tell you to shut up, get louder. When it seems impossible and you can't find anybody to help you, listen, don't give up because you showed up, Kylie," Bradshaw said. "This shouldn't be a fight anybody has to do."If you or someone you know is a survivor of sexual assault, the National Sexual Assault Hotline is available 24 hours a day at 1-800-656-HOPE (4673).Full Statement from Melbourne Police Chief David Gillespie From I-Team's Original Investigation in 2023"In October of 2022, Mrs. Bradshaw contacted the Melbourne Police Department and inquired as to the status of an investigation where she was the victim in 1990. Mrs. Bradshaw advised that she had been told by a family member that the suspect had been arrested and subsequently died. However, in 2022, Mrs. Bradshaw saw the suspect and contacted the police department to learn more about the investigation. Detectives looked in to (sic) the case and discovered that the suspect had never been arrested. A detective from the Major Crimes Division was immediately assigned to follow up the (sic) case that had occurred more than 32 years ago. The Detective attempted to retrieve evidence, reports and records from the case. The Detective also conducted additional investigative steps including interviewing the suspect, who denied involvement. In January of this year, the Detective presented the case to the State Attorneys Office for prosecution. In April, the State Attorneys Office notified Mrs. Bradshaw that they were not able to prosecute the case.As Chief of Police, I empathize with Mrs. Bradshaw that the case is not able to be prosecuted. I have met with Mrs. Bradshaw to listen to her concerns and I understand her frustration. As a result, I ordered the Staff Inspections supervisor of the Professional Standards Unit to conduct an audit of the case, in an attempt to locate evidence and/or be able to provide additional details about what occurred with the investigation in the time frame when the incident occurred. Until the audit is concluded, I am not able to provide further comment."Full Statement from the State Attorney's OfficeFrom I-Team's Original Investigation in 2023"The circumstances surrounding this incident are heartbreaking, and we share the victims disappointment in not being able to bring this offender to trial.While we strive for the desired result in every case, this isnt always possible. Our attorneys and advocates try hard to explain the complex legal issues that produce these outcomes, but also understand the frustration and deeply personal response felt by victims and their families.Every criminal complaint that our office receives undergoes a careful and thorough review by experienced prosecutors to determine if they reasonably believe the alleged crimes can be provenbeyond a reasonable doubt at trial. When the review process finds the required evidence is not sufficient, prosecutors are ethically and legally obligated not to pursue prosecution of the defendant.In this instance there are several evidentiary and legal issues for the State to overcome to reach the beyond a reasonable doubt standard. Most significant is the inability to obtain contemporary DNA analysis on the offender standards (sexual battery evidence kit) collected at the time of the offense, as those materials were purged by the investigating agency and are no longer available. As a result, there is no physical evidence to present at trial.Further, the lead obstacle to filing this case surrounds the amount of time that has passed since the offense was reported to law enforcement and Mr. ________ was identified as the offender in 1990, until it reached our office for review in 2023. Well-established constitutional due process law requires the State to move forward with a prosecution of a known offender within a reasonable period of time. In this case the offender was known to law enforcement, remained available to be arrested, and there is no legal justification for the more than 30-year delay in presenting the case.We have a good faith belief that the trial court would ultimately grant a motion for dismissal based on this constitutional challenge, legally barring us from any effort to pursue prosecution now." ...read more read less