New York City prosecutors announced they will not file rape charges against Fox 5 News anchor Greg Kelly, who is the son of NYPD Police Commissioner Ray Kelly.
Police spent a two-weeks investigating charges from 29-year-old Maria Di Toro, who accused Kelly of raping her in her office last October.
But Di Toro has admitted to police that she had no memory of the alleged rape. Di Toro knew she had sex because she became pregnant with a baby, which she later aborted.
Prosecutors from the office of Manhattan District Attorney Cyrus Vance released a letter Tuesday announcing the end of the investigation: "The facts established during our investigation do not fit the definition of sexual assault crimes. Therefore, no criminal charges are appropriate."
Di Toro claimed that she and Kelly had gone drinking on October 8, 2011, and afterwards went to the law offices where she works. They two had sex, but Di Toro claimed she was too drunk to consent to sex.
However, both before and after the encounter, Kelly and Di Toro sent text messages and emails to one another that police say "showed that the lustfulness was mutual."
No charges will be filed against Di Toro since the prosecutors think that she really believes that she was raped by Kelly.