We have no idea how that line of questioning went down. The statement words it in such a way to favor one side, but why would the SCU detectives ask the girl to ask a more direct question in order to confirm they had sex? After she asked directly, Araiza said he didn't remember. Before that, for all we know, it could've been leading questions like "I think I had sex last night, should I get tested?" Any normal person would respond with "yeah, you should probably get tested." The fact is, we have no idea what was specifically asked. And the SCU detectives did not pursue a criminal case after that.