Los Angeles D.A. Drops Investigation into Alleged Rape by Mark Salling

According to documents obtained by PEOPLE, the D.A. isn't filing charges because of lack of evidence

The Los Angeles County District Attorney’s Office had declined to file charges against Mark Salling who was accused of raping a woman, PEOPLE confirms.

According to a document obtained by PEOPLE, a woman claims she entered a room with the former Glee actor in 2012 to have intercourse, but then changed her mind and told him no. She alleges Salling refused to stop and forced himself on her.

The alleged victim claims she and Salling, 34, had been dating a few months before the alleged incident. She filed the police report in April of this year, nearly four years after the incident allegedly took place, claiming she found the courage to report the alleged crimes after Salling was arrested for possession of child pornography in December 2015. Police reached out to Salling’s attorneys to get a statement about the allegations, but they declined in an interview.

According to the district attorney’s charge evaluation worksheet, the office declined to file charges because of insufficient evidence.

“I personally interviewed the victim,” wrote deputy district attorney Emily Spear. “She appeared very emotional over the trauma inflicted upon her and presents as a credible and accurate historian of the events surrounding the rape. However, given the delay in reporting the crime, suspect’s apparent denial of the rape in victim’s pretext call to him and lack of other corroboration, there is insufficient evidence, at this time, to file this case.”

Adding: “I explained the standards and ethics of filing a case to the victim and she appeared to understand. I also explained that if more evidence is discovered in the future, that the case may be reopened and presented again for filing.”

A rep for Salling has not responded to PEOPLE’s request for comment.

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The news comes less than a year after Salling became embroiled in a child pornography case. Following his December 2015 arrest, the actor was named in a two-count indictment in May.

The indictment alleged he received and possessed videos and still images of child pornography involving young girls. Investigators said a laptop, a hard drive and a USB flash drive seized from Salling’s residence allegedly contained thousands of images and videos depicting child pornography. Salling pleaded not guilty to the charges.

The latest allegation isn’t the first example of Salling’s troubled past relationships: Back in January 2013, he was sued by an ex-girlfriend for sexual battery, assault, intentional infliction of emotional distress and negligence. The woman, Roxanne Gorzela, alleged that Salling pushed her to the ground during an argument after forcing her to have sex without a condom. Gorzela eventually dropped the sexual battery claim and Salling agreed to pay her about $2.7 million.

Updated by Aurelie Corinthios