MEMPHIS, Tenn. -- "It saddens me that he has slipped through the system. It makes me scared for my own life," said a rape victim, who talked with us outside of court Monday.
She has been waiting two years for Kelvin Montgomery to do time for what he did to her.
She said in June 2014 he walked into the bar where she worked and offered to buy her a drink.
"At some point he drugged me in the drink and got me to his house," she said.
She said she was in and out of consciousness as was tied up, beaten and raped at Montgomery's East Memphis house.
She was only able to escape by playing dead and waiting for Montgomery to fall asleep.
"I just got up and ran about 5 blocks in the middle of the night trying to get someone to please open the door. I was bloody and naked," she said.
In court Monday the rape victim thought Montgomery was finally going to face the consequences and begin serving 12 years no parole, which is the agreement he had reached with the D.A.'s office.
So when Montgomery was a no-show, his victim and her family's worst fears came true.
"We are all shocked, pretty upset. Terrified would be a great word to describe it," said the victim's cousin Stephanie Godwin.
They feel it's another case of Montgomery getting the upper hand.
They said first he got a $100,000 dollar bond, then a plea deal.
They were also upset when his juvenile history could not be brought out in this case.
"We feel once again the justice system has failed us," said Godwin.
They worry that Montgomery is still out there.
"He is a real dangerous man. My only concern is he is gonna do this to another woman. I am pretty sure," said the rape victim.
Sources said since Montgomery didn't show up to court, he could get an additional 1 to 6 years added to his 12 year sentence agreement.