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Will Greg Kelly's Rape Accuser Face Charges?

By Andrew Chow, Esq. on February 10, 2012 | Last updated on March 21, 2019

New York City news anchor Greg Kelly, son of NYC Police Commissioner Ray Kelly, has been cleared of rape charges. Now some are clamoring for prosecutors to charge his accuser.

But the accuser -- identified as Maria Di Toro, a 29-year-old paralegal -- will not be charged with making a false rape claim, a district attorney spokeswoman told the New York Daily News. The spokeswoman did not elaborate.

Even without criminal charges, Maria Di Toro could still face a civil lawsuit. But experts say there are reasons Greg Kelly may not want to pursue that.

Greg Kelly could sue Maria Di Toro for defamation in connection with her false rape allegation, New York attorney Paul Callan told the Daily News.

Defamation laws vary by state, but in general, a victim must prove that someone made a false statement that was published and caused injury. In Greg Kelly's case, his injuries would likely include his temporary removal from anchor duties at WNYW-TV's "Good Day New York."

But "the chances of [Kelly] bringing a lawsuit are zero, unless he wants his entire sexual history with women discussed in the New York press," Callan told the Daily News.

Callan should know: He represented New York TV meteorologist Heidi Jones, who was charged with making false rape claims in 2010. Jones was convicted of misdemeanors and sentenced to probation and community service, CBS News reported.

In New York, falsely reporting an incident can also lead to felony charges, if a perpetrator has a history of making false reports. The person must also know the report is false when the incident is reported. False reporting laws, however, differ by state.

As for Greg Kelly's accuser, a New York Post columnist seems to be leading the charge for Maria Di Toro to face trial for her false rape accusation. The Post, it should be noted, is owned by News Corporation -- the same company that employs Kelly at WNYW.

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