Rev Al Sharpton has accused police of trying to embarrass him after they revealed they found his Viagra prescription in the apartment of a lawyer friend recently cleared of rape charges.

High-profile civil rights attorney Sanford Rubenstein, 70, has been told he will not face criminal charges after a woman accused him of rape last year.

But rather than the case disappearing from the media spotlight, it was leaked that a prescription for Viagra – a drug used to treat erectile dysfunction – was found in Rubenstein’s apartment, made out in Sharpton’s name.

Rev Al Sharpton (center) has accused police of trying to embarrass him after they revealed they found his Viagra prescription in the apartment of a lawyer friend, Sanford Rubenstein (second left)

It was leaked that a Viagra prescription was found in Rubenstein's home after he was cleared of rape charges

The activist hit out at police, claiming that they were trying to humiliate him.

He said 'if the motive of the cop was to embarrass me, at 60 years old, I am unembarrassable', according to the New York Daily News.

He added: ‘I am not saying what I do or don’t do, I’m not going to invade my privacy for some cop. I have no knowledge of what was in (Rubenstein’s) apartment. But it’s not uncommon for men of all ages to use certain things.’

A 42-year-old executive from the National Action Network claimed Rubenstein attacked her in his New York penthouse apartment following Sharpton's star-studded 60th birthday party in October.

The woman said she was drugged with cookies laced with marijuana before she was raped.

But the Manhattan district attorney's office have said Rubenstein's case will not be sent to the Grand Jury following a three-month investigation because of a lack of compelling evidence.

The 70-year-old was set to represent the family of Eric Garner after he died in a chokehold at the hands of police officers in Staten Island in July. However he removed himself from the case when the allegations surfaced.

Rubenstein told the New York Daily News he was 'very pleased' with the decision and excited to get back to work.

In a statement he said: 'I maintained from the very beginning that I did not violate the law. I am pleased that the system worked and that I have now been fully cleared.'

'I look forward to many more years of practicing law and representing victims.'

In the clear: Sanford Rubenstein, a top civil rights lawyer, has been told he will not face charges after a woman accused him of raping her in his New York apartment last October

Allegations: Rubenstein maintained the encounter following Sharpton's 60th birthday was consensual. He is pictured above with a former client, one-time Playboy playmate Stephanie Adams

Joan Vollero, a spokeswoman for the Manhattan district attorney, released a statement Monday saying: 'Over the past three months, the District Attorney's Sex Crimes Unit has conducted a thorough investigation into the incident that occurred on October 2 and was reported to authorities approximately 36 hours later.

'In keeping with standard procedure, prosecutors and investigators with decades of experience in such matters reviewed all aspects of the incident, including video surveillance, physical evidence, and medical records, and conducted extensive witness and expert interviews.

'The video evidence in this case included surveillance footage from before and after the incident, taken from the lobby and elevator of the suspect's apartment building, as well as from earlier in the evening at the Four Seasons restaurant.

'The investigation also included the collection and testing of multiple items of physical evidence, many pursuant to a search warrant executed at the suspect's apartment, as well as electronic devices and telephone records.

'A review of medical records was conducted by an independent medical expert. Experts at the National Institutes of Health and the FBI were also consulted. The Office of the Chief Medical Examiner conducted toxicology and forensic testing, and further testing was performed at a second independent laboratory.