Cops Decide Whether to Make Arrest on Baywatch Star Nicole Eggert’s Rape Claim Against ‘Happy Days’ Star (VIDEO)

Actress Nicole Eggert is claiming she was raped as a minor by a member of the “Happy Days” cast, but he angrily denies the accusation, and insists he can prove his innocence.

Eggert, who gained fame appearing on shows like “Charles in Charge” and “Baywatch,” claims actor Scott Baio sexually assaulted her when she was 14. She has reportedly shopped her story to both The Dr. Oz Show and TMZ, and both refused to run the story. It is a claim she has made before, but made it again in January via Twitter.

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That caused Baio to post a video on his Facebook page, outlining his proof that she is lying. That includes an interview she gave years ago stating their relationship came after the show “Charles in Charge” ended. Baio points out the actress was 18 the year the show ended, in 1990.

Scott Baio said the two had a one-time encounter, when she was over 18.

Now TMZ reports the cops think the accusations were “credible,” but legally cannot prosecute.

Sources familiar with the case tell us on Wednesday Nicole met the L.A. County Deputy D.A., who is reviewing the case. Our sources say the D.A. found Nicole’s allegations “credible.” As we reported, Eggert claimed Baio repeatedly molested her between ages 14 and 18. Baio insists they had sex only once … when she was 18.

Our sources say the D.A. called the case “potentially prosecutable” … were it not for the statute of limitations.

Under current law there’s no statute of limitations if an adult sexually assaults a minor. But, when the alleged assaults occurred in the ’80s, the statute of limitations was 3 years, which means it has long since run out.

There’s an argument that old cases could still be prosecuted if the statute hadn’t run when the law changed, but in this case the statute ran before the law changed, so case closed.

Here is reporting on the original accusation.

The Daily Mail reports.

Scott Baio has responded to allegations that he molested his former co-star Nicole Eggert when she was 14 years old.

Eggert had tweeted on Saturday that he assaulted her while they worked together on the show ‘Charles in Charge’.

‘Ask @scottbaio what happened in his garage at his house when I was a minor. Creep,’ she wrote.

She then accused Baio of digitally penetrating her beginning at age 14.

The actor is coached by his wife – Renee Sloan, a stunt woman, as they show to the camera what they claim is evidence of Eggert’s lie.

Baio acknowledged that the pair did have sex, but claims it was consensual, and that Eggert would have been at least 18 years old at the time of the encounter.

‘I remember her calling me and asking me to come over and coming in my house one time, and seducing me,’ Baio says in the video.

‘Any normal heterosexual, red-blooded American guy, the outcome would have been the same,’ he said.

He played an audio recording of an interview Eggert gave to, in which she described losing her virginity to Baio ‘way after’ ‘Charles in Charge’ was done.

‘It was years later,’ Eggert can be heard saying.

Baio argued in the video and in a tweet that because Eggert was born in 1972, and the show was completed in 1990, she would have no longer been a minor.

The actor and his wife also reveal that his legal team had served Eggert with two cease-and-desist letters in November ahead of the video.

Baio says that when Eggert’s first claims against him came up, she was promoting her reality shows – but he kept his ‘mouth shut’ because they eventually go away.

However, he said that she ‘just won’t let them go.’

‘If you have a claim, go to the police. There is a special unit there that handles this kind of stuff,’ Baio said

‘If you have a real claim, you go to the real people, not to social media where people like me get beat up,’ he added.

Baio also insisted he would not have had unsupervised access to Eggert while filming ‘Charles In Charge’.

‘When you have minors on the set, when they are not on the set working, they are in the classroom with the teacher, the teacher brings them to the set, and on the set is their parents, their teachers…’ he said.

Here is Baio’s statement from Facebook Live.

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