Small/medium city police departments are not very good when it comes to major crime.
See Ramsey, Jon Benet.
The police are still investigating because they were instructed by city hall to keep investigating, so they don't look like incompetent boobs.
This wasn't rape, it was a non-crime, and Bauer isn't going to be criminally charged. If he is, he'll beat it. But I don't think charges are likely.
The woman came back for a second helping, which was very similar to the first helping. That's all you need to know.