We have learned that the former hockey player will not face rape charges after the prosecutors were unable to prove the encounter was non-consensual.
The woman told police, reports TMZ, that she told Comrie to stop but he refused, and then "allegedly choked her and told her she couldn't tell him what to do". After having sex with the first woman, she left and the accuser then had consensual sex with Comrie, according to TMZ.
The unnamed woman claimed she met the sportsman in a bar and they went back to his place where he raped her "multiple times".
The woman recorded Comrie's voice on her phone after that - cops contend the former National Hockey League star did sound very drunk - but after a medical examination of the accuser, authorities concluded that they could not prove Comrie committed rape beyond a reasonable doubt.
After that act, the accuser says things got rough, Mike slapped her and she started recording audio on her phone.More news: Pilot urges prayers as 'technical issue' forces flight to turn back
Metro.co.uk have reached out to representatives for Hilary Duff and Mike Comrie.
Cops obtained the recording and say Comrie sounds heavily intoxicated but denied any wrongdoing - insisting the accuser had consented to everything.
Hilary was married to Mike from 2010 until separating in 2014; their divorce was finalized in February 2016.
The woman was reportedly examined at a rape treatment center but it couldn't be determined whether her injuries came from consensual or non-consensual sex.
The 36-year-old Canadian native and Duff share their 5-year-old son Luca.