The decision came after more than nine hours of testimony this week by the accuser in a court hearing to determine whether the restraining order was warranted based on the evidence. Judge Dianna Gould-Saltman concluded the answer was no.
Bauer did not testify at the four-day hearing as the judge ruled he did not have to take the stand. The judge asked Bauer whether he intended to invoke the Fifth Amendment. "Yes, your Honor," he said.
In explaining her decision, the judge said there was no supporting evidence that Bauer was likely to cause the accuser harm or contact her again. The judge said Bauer did not exceed the limits the accuser had set during sex.
"If she set limits and he exceeded them, this case would be very clear," the judge said. "But she set limits without fully considering all the consequences." The judge referenced a text message the accuser had sent Bauer, in which the woman said she "wanted all the pain."
"In a written exchange, petitioner (the accuser) said that she 'wanted all the pain,' " the judge said. "Those were her words. Should respondent (Bauer) have believed her?"
