The Letter the Prosecution Sent Dominique Strauss-Kahn's Defense

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The Guardian has it up here.  It's easy to see why the prosecution is leery of putting the victim on the stand:


Additionally, in two separate interviews with assistant district attorneys assigned to the case, the complainant stated that she had been the victim of a gang rape in the past in her native country and provided details of the attack. During both of these interviews, the victim cried and appeared to be markedly distraught when recounting the incident. In subsequent interviews, she admitted that the gang rape had never occurred. Instead, she stated that she had lied about its occurrence and fabricated the details, and that this false incident was part of the narrative that she had been directed to memorize as part of her asylum application process. Presently, the complainant states that she would testify that she was raped in the past in her native country but in an incident different than the one that she described during initial interviews.

In the weeks following the incident charged in the indictment, the complainant told detectives and assistant district attorneys on numerous occasions that, after being sexually assaulted by the defendant on May 14, 2011 in Suite 2806, she fled to an area of the main hallway of the hotel's 28th floor and waited there until she observed the defendant leave Suite 2806 and the 28th floor by entering an elevator. It was after this observation that she reported the incident to her supervisor, who arrived on the 28th floor a short time later. In the interim between the incident and her supervisor's arrival, she claimed to have remained in the same area of the main hallway on the 28th floor to which she had initially fled. The complainant testified to this version of events when questioned in the Grand Jury about her actions following the incident in Suite 2806, she proceeded to clean a nearby room and then returned to Suite 2806 and began to clean that suite before she reported the incident to her supervisor.

Additionally, the complainant has stated that for the past two tax years, she declared a friend's child in addition to her own as a dependent on her tax returns for the purpose of increasing her tax refund beyond that to which she was entitled. She also admitted to misrepresenting her income in order to maintain her present housing.

Finally, during the course of this investigation, the complainant was untruthful with assistant district attorneys about a variety of additional topics concerning her history, background, present circumstances and personal relationships.

As I say, this doesn't mean she wasn't raped. But it would be very difficult to convict based on this person's testimony.

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Megan McArdle is a columnist at Bloomberg View and a former senior editor at The Atlantic. Her new book is The Up Side of Down.

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