Cloud Hosting

CLAXTON, Ga. For more than a year, 11Alive has investigateda little-known way police can clear crimes without ever making an arrest. Its called exceptional clearance and we found when it comes to rape, its far from an exception.

Its likely youve never heard of exceptional clearance. Neither had Robin Smith-Bright even though it is why her daughters rape investigation is closed.

What is that? Smith-Bright asked.

Its supposed to mean police couldnt arrest a suspect for reasons beyond their control, even though they have the evidence they need. Those reasons can be anything from the death of the suspect, the victim not wanting to prosecute, or the suspect is already in custody for another crime. Thats not how Evans County used it in Smith-Brights daughters case. They exceptionally cleared it citing a lack of evidence. Sheriff Mac Edwards didnt see a problem with that.

My exceptionally cleared, the previous sheriffs exceptionally cleared might be two different things, Edwards said.

We explained there is only one definition for exceptional clearance. Edwards said, Its a play on words I guess.

No, its not.

Credit: WXIA

11Alive's Kristin Crowley with Evans County Sheriff Mac Edwards

RELATED:An Exceptional Problem: How police are clearing rape cases without making arrests

Exceptional clearance is the same no matter your state, city or county. The FBI lays it out clearly. Every agency must determine who the suspect is, where the suspect is and have enough evidence to make an arrest. Then, they need to have an exceptional reason on why they cant arrest the suspect. If they cant do that the case doesnt qualify.

Theres a high threshold because when police report their numbers to the public, exceptionally clearing the case is the same as solving a case with an arrest. Thats why it should be relatively rare, but we found thats not the case in rape investigations.

In 2021, Evans County exceptionally cleared 40% of its rape cases compared to 24% of its burglary cases and 0% for homicide and robbery.

Atlanta Police have a 20% ex-clearance rate for rape compared to 5% for robbery, 3% for homicides and just 2% for burglaries.

Its an issue across the entire state of Georgia. Eight agencies had an exceptional clearance rate of 40% or higher. Another 24 agencies had a rate of at least 18% or higher.

Dave Thomas, with the International Association of Chiefs of Police, said anything over 9% is alarming.

When we start getting in higher percentiles, I want to go in and do some data mining and look at the cases. Look and see whether they met the criteria, Thomas said.

Credit: WXIA

Dave Thomas

Thats exactly what 11Alive Investigatesdid.

We filed open records requests with departments in 48 counties across Georgia. We found agencies that exceptionally cleared cases for insufficient evidence, because a story was fabricated, or because it was transferred, all of it a misuse.

Nearly every department that used exceptional clearance for rapes used it incorrectly at least once.

Multiple agencies acknowledged they made a mistake once we brought it to their attention. But for Bright-Smith its not enough. She wants her daughters case reopened, and she wants the suspect charged.

Read the original here:

Rape cases incorrectly cleared by police. Here's why suspects are walking free - 11Alive.com WXIA