The news report linked says: "According to an arrest warrant, a Riverside County sheriff's deputy recorded two phone calls the woman made to Livingstone afterward, in which he reportedly apologized several times, and acknowledged that she told him no."
Perhaps that was a "setup" in order to get him on tape acknowledging it?
Hmmm. I interpreted that to mean that they had a record to two phone calls being made, not that they had a full recording of the conversations. You might be right tho.
Like I said, if he's a rapist then they should throw away the key. If they have recordings which show it, then there ya go.