Liz Bradshaw was 11 years old when she was sexually assaulted in 1990. More than three decades later, she has settled a negligence lawsuit against the Melbourne Police Department after learning the physical evidence collected the night of her attack had been destroyed without any record, closing off any chance of criminal prosecution even though DNA had once identified a suspect.
A Case Reopened by Chance
Bradshaw believed for more than 30 years that the man she says attacked her, identified in case records only as Brian, the brother of her mother's boyfriend, was dead. According to Tampa Bay 28, she spotted him in person in a Brevard County Wawa convenience store in October 2022 while traveling with her grandson. As reported by WKMG News 6, Bradshaw's family had led her to believe for over three decades that the man had died by suicide shortly after the assault.
The sighting prompted Bradshaw to contact the Melbourne Police Department that same month and request records from her 1990 case. What she found, per Tampa Bay 28's reporting, was that police had documented her sexual battery in a 1990 police report but that the suspect had never been located, contacted, or arrested in connection with the crime.
DNA Confirmed, but No Arrest
Officers had collected physical evidence the night of the attack, including pink sheets, a blue washcloth, a peach blanket, a white nightshirt, and green underwear. The Florida Department of Law Enforcement processed Bradshaw's rape kit within 11 months, according to the outlet, and mailed crime lab results to Melbourne police in October 1991 confirming semen on her underwear and nightgown, WKMG News 6 reported. The forensic confirmation arrived while the man Bradshaw named remained free and, according to case records, was never questioned.
Public court records reviewed by WKMG News 6 show the suspect skipped a Brevard County court appearance on an unrelated charge in November 1990, yet Melbourne police never followed up to locate or question him regarding the child rape allegation. When Melbourne police detectives finally reopened the case in 2022, they discovered the suspect had never been arrested at all.
Evidence Purged Without a Record
The most damaging discovery came when a major crimes division detective assigned to reexamine the case searched for the original rape kit and physical evidence. The sexual battery evidence kit had been purged by the investigating agency, with no record of when or why the destruction occurred, per Tampa Bay 28. Then-Melbourne Police Chief David Gillespie ordered an audit of the case by the professional standards unit's staff inspections supervisor, aimed at locating the evidence or providing additional details about the investigation, but the physical evidence remained unavailable for trial.
The detective did interview the suspect, identified as Brian, who denied involvement in the assault, according to Tampa Bay 28's report. Brian did not respond to Bradshaw's allegations when the outlet sought comment. The major crimes detective presented the case to the state attorney's office in January 2023.
Why Prosecutors Said No
Capital sexual battery on a child under 12 carries no statute of limitations under Florida law, meaning prosecutors could have pursued charges decades later had the evidence survived, as WKMG News 6 has explained. But the state attorney's office identified more than 30 years of delay between the 1990 offense and its 2023 case review and believed a trial court would dismiss any charges over a constitutional due process challenge, since the suspect could not fairly defend himself without the physical evidence that once tied him to the case.
The office said constitutional due process required prosecution of a known offender within a reasonable period, and it does not pursue prosecution when required evidence is insufficient. Bradshaw was notified in April 2023 that the state attorney's office could not prosecute her case, according to Tampa Bay 28.
A Confidential Settlement, an Uncertain Payout
Bradshaw filed her civil lawsuit under the initials E.B. to protect her privacy before later choosing to go public, WKMG News 6 has reported. Before the settlement, a Florida state judge rejected the City of Melbourne's motion to dismiss, ruling Bradshaw had sufficient legal standing to advance her negligence claim over the evidence spoliation, overcoming the sovereign immunity defense municipalities typically raise in negligent investigation cases.
The city settled in July, though officials did not immediately disclose the financial terms, and Tampa Bay 28 reports the settlement terms remain confidential. Florida's sovereign immunity statute limits municipal tort liability to $200,000 per individual and $300,000 per occurrence unless the state legislature approves a special claim bill, a cap that governs what victims can recover from local government agencies without additional legislative action. The Melbourne Police Department did not respond to a request for comment and information about any policy changes, according to Tampa Bay 28.
Bradshaw's Attorney Calls It a Travesty
Damon Baxley, who represented Bradshaw, said the case was the largest travesty of justice he had seen involving a law enforcement agency and a victim. He said the destruction of evidence combined with the department's repeated failure to contact the suspect made prosecution impossible, and he said the settlement could help other victims and survivors going forward.
Bradshaw said she completed everything expected of her after police and hospital involvement decades ago. She said survivors should continue fighting and speaking out, and she encouraged others who have endured similar experiences to do the same. Bradshaw also plans to urge the new state attorney in Brevard County to investigate her case further.
State Reforms Since the 1990 Case
Florida has overhauled how it handles rape kits since Bradshaw's evidence disappeared. The state passed Gail's Law in 2021, creating a statewide tracking database called Track-Kit that lets survivors and law enforcement monitor the location and processing status of rape kits, according to RAINN. The law was named for Gail Gardner, an Orlando survivor whose rape kit sat untested in police storage for 33 years before identifying a serial offender.
Florida also enacted legislation in 2024 mandating that medical facilities transfer non-reported sexual assault evidence kits to the FDLE for anonymous storage of up to 50 years, as reported by FOX 13 Tampa Bay. Before that requirement, retention periods varied widely across health facilities and municipal agencies. FDLE data compiled by End The Backlog shows the average turnaround for state crime labs to complete sexual assault kit processing had fallen to 87 days by late 2024, a stark contrast to the 11-month wait Bradshaw endured in the early 1990s.
Anyone affected by sexual assault can reach the National Sexual Assault Hotline 24 hours a day at 1-800-656-HOPE (4673).
