Hilary Duff's Ex-Husband Mike Comrie's Rape Charge Has Been Dropped

06/24/2017 03:42 pm EDT

Hilary Duff's ex-husband Mike Comrie will no longer be charged with rape, after being investigated for alleged sexual battery.

Prosecutors found reasonable doubt as to whether Comrie's accuser consented to the sexual encounter back in February, therefore they will not move forward with the charges, TMZ Sports reports.

According to official court documents, the accuser said the sex was consensual at first, but that she did not agree to have anal sex with Comrie after he suggested it.

A Los Angeles Police Department spokesperson told PEOPLE in February that the former professional hockey player was under investigation, but did not offer any further details.

In California, sexual battery is defined as a person touching "an intimate part of another person" without their consent.

The 36-year-old Canadian native and Duff share their 5-year-old son Luca. The former couple finalized their divorce in January of last year. They wed in 2010 and had an amicable separation.

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