Greg Kelly: Rape allegations ‘tough’ to investigate, say experts

Kelly said texts sent to him by his accuser were "flirtatious."
getty images

The news that Manhattan prosecutors are not charging FOX 5 anchor Greg Kelly with rape comes after New Yorkers saw two other high-profile rape allegations in the past year disintegrate.

Prosecutors say the dismissal of rape charges against French politician Dominique Strauss-Kahn and the acquittal of ex-NYPD officers Kenneth Moreno and Franklin Mata, who were both charged with rape, illustrate the difficulties of investigating and prosecuting claims of sexual assault.

“[Rape] cases are really tough,” said former prosecutor Julie Block, who prosecuted rape cases for a year at the Brooklyn district attorney’s office.

A lack of physical evidence, or any outside corroboration of the encounter — a drink receipt, two people seen walking on video — can make cases nearly impossible to prosecute, former Brooklyn prosecutor Michael Weinstock said.

“What you don’t want to do is walk into trial with a he- said/she-said case,” he said. “If you go into trial and all you have is testimonial evidence, all you have is a story, you’re going to lose. That doesn’t reach the criminal burden, which is proof beyond a reasonable doubt.”

Evidence that can really help a case includes injuries or a rape kit, particularly in a case of forcible stranger rape.

Weinstock said the first thing he did while prosecuting rape cases was pull telephone records, to find out if the records matched the victim’s testimony. For example, if a woman said she didn’t speak to her alleged rapist after the attack, he needed to confirm that was true.

Delaying reporting a rape is also one of the main things that can severely hamper a case, said prosecutors.

“If someone was saying this happened six months ago, that’s problematic,” Weinstock said. “What happened in the last six months?”

Attorney Paul Callan added that juries are suspicious of delayed reports. “The jury thinks if you were raped, you would report it to the police right away,” he said.

Alcohol problematic

Another challenge is alcohol, legal experts said. In a case where a woman might be out on a date and later tells police she drank too much to consent to sex, it can be very difficult to show one party clearly took advantage of another. “How do you prove the amount was excessive, and that the man should have realized she was incapable of consenting?” attorney Paul Callan asked. Prosecutors get receipts from bars, examine video and interview witnesses to see whether people seemed intoxicated.  

Burden of proof can be heavy

“There are innocent people who get charged with this crime,” said Callan, of rape. “A charge of rape is devastating against a man. It may alter a man forever, even if the charge is dismissed.” 

Kelly thanks supporters

 Greg Kelly will be back on the air at “Good Day New York” tomorrow.

“I am thankful that the investigation established what I’ve known all along, that I am innocent of the allegations that were waged against me,” Kelly said in a statement.

He also thanked “Good Day New York” viewers who he said “expressed positive support through social media,” and said, “I am so blessed to have a wonderful family and friends whose support for me never wavered.” 

Follow Alison Bowen on Twitter @alisonatmetro


News
Entertainment
Sports
Lifestyle
International

Canadian charged in 'Heartbleed' attack on tax agency

OTTAWA (Reuters) - Canadian police have arrested a 19-year-old man and charged him in connection with exploiting the "Heartbleed" bug to steal taxpayer data from…

National

Every dog has his day in court, in…

(Reuters) - Call him juror K-9.A computer glitch is likely to blame for a summons that called a German Shepherd to report for jury duty,…

Local

Local politicians pressure DOJ to investigate Ramarley Graham…

On what would have been his 21st birthday, Ramarley Graham's mother joined elected leaders to ask the U.S. Department of Justice investigate his death.

Local

Muslim leaders welcome NYPD surveillance changes with degree…

Leaders and advocates praise the NYPD's move to shut down a unit tied to its Muslim surveillance program but say there's more left to do.

Television

‘Survivor: Cagayan’ recap: Episode 8

Sure, it's called Survivor. But this season should really be called 'The Tony Show.'

Television

Jim Rash talks 'The Writer's Room' and amazing…

For Jim Rash, as the fifth season of "Community" comes to a close, the second season of "The Writer's Room" begins.

Going Out

Tasty chicken and waffles in NYC

Try some soul food goodness around the city.

Television

'Dexter' star Jennifer Carpenter moves into producing role

The actress who played the title character's sister in "Dexter" is teaming up with producer George Stelzner to adapt Erika Hayasaki's book "The Death Class:…

NBA

Knicks wrap up season with win over Raptors

The Knicks wrapped up their season as it began — undermanned — but that still didn’t deter them from ending it the right way.

MLB

Adam Warren closes out doubleheader sweep for Yankees

Adam Warren navigated a tricky ninth inning earn the Yankees a 2-0 victory over the Cubs.

NHL

Marc Staal healthy, eager to contribute to Rangers…

Marc Staal remembers the feeling of helplessness watching his teammates compete for hockey’s ultimate prize and being unable to contribute.

NFL

2014 NFL Mock Draft: Updated, new April version

2014 NFL Mock Draft: Updated, new April version

Wellbeing

This Week in Health: chocolate may prevent obesity…

Can chocolate prevent obesity and diabetes? Location of study: U.S. Study subjects: Mice Results: The positive health benefits of chocolate have been studied increasingly more…

Wellbeing

This Week in Health News: breastfed infants trying…

Are breastfed infants trying to prevent mom from having another baby? Theory: The act of breastfeeding not only brings mom and baby closer together –…

Wellbeing

Unexplained infertility may be caused by lack of…

Researchers have identified a protein on the egg's surface that interacts with another protein on the surface of sperm, allowing the two cells to join.

Tech

5 surprising facts about Google Glass

Your sex life could get more interesting.