Police told Kelly that his actions amounted to rape. He was charged Monday with one count of first-degree felony rape.
Kelly told officers that he found the woman passed out in front of her apartment and brought her inside his apartment, changed her clothes and put her on his bed. He said he then lay down next to her and hugged her to try to get her temperature up because she had been outside, then attempted intercourse to warm her.
When police arrived, responding to an unconscious person call, they said they found Kelly inside his apartment giving the woman CPR.
The woman later told police she thought she might have been raped and recalled being dressed in a pair of the man's underwear and shorts. She told police she had bruising on her pelvic and upper thighs, according to court documents.
The hospital was unable to complete a rape kit because the woman's vaginal area was cleaned while she was sedated, according to court documents.
Kelly told police that the two previously were intimate, but admitted the woman had told him before the incident that she didn't want to have sex with him again.