Published: May 20, 2014 5:03 PM EDT
Updated: May 20, 2014 5:33 PM EDT

NORTH PORT, Fla.- WINK News is getting shocking new details about a sex scandal that rocked the North Port Police Department.

It started with wild parties and sex toys, and ended with accusations of kidnapping and sexual assault.

Investigators now say the whole act was consensual, as the a former officer will not face charges.

An internal memorandum from the State Attorney's Office reads more like an adult novel, but the salacious story of a sexual encounter between two former North Port Police officers and the woman accusing them of misconduct is enough to legally clear the ex-officers' names.

Melanie Turner and Ricky Urbina were charged with sexual battery and false imprisonment in March, after the pair allegedly handcuffed a woman at a party and performed sexual acts on her.

"Only three people ever knew what happened in that room," said Andrea Flynn Mogensen, the accuser's attorney. "One of them is deceased, but prior to his being deceased, he did make admissions that there was sexual contact."

Urbina committed suicide on the day he was supposed to be arrested.

The State Attorney's Office decided not to prosecute Turner because the accuser consented to what went on during the party.

According to the memo, "the victim reported that she was not so intoxicated that she could not make decisions of communicate" on the night of the incident.

The memo also reads, "Witnesses described the victim and (Turner) engaging in a kiss that lasted for a number of seconds" earlier that same night.

Even while the alleged sexual acts took place, investigators say the accuser "did not verbally or physically imply or express... that she did not want that activity to happen."

When WINK News brought this up to Mogensen, she said, "That seems to be me to be a question of fact, and that would be a question of fact for a jury. And that's why we're a little disappointed that it's not going to jury."

Mogensen said she and her client are exploring civil actions they could take against Turner.

Turner had been on administrative leave from NPPD until last week, when she resigned.  

NPPD is still conducting its own internal investigation, which Chief Kevin Vespia expects to finish next week.