Court papers indicate the accuser in the Duke lacrosse sexual assault case told prosecutors that one of the players charged did not commit any sex act on her during the alleged attack.
Papers were filed today by the defense and are based on a statement made by the accuser to an investigator last month.
The accuser told the investigator that the attacker identified as Reade Seligmann only watched. She says while he was repeatedly urged to take part in the alleged attack, he said he could not because he was getting married.
The defense filing says the most recent recollection by the accuser, quote, "demonstrates clearly that she cannot accurately recall and describe her attackers." The filing also says any identification made by the accuser is, quote, "necessarily unreliable."
Rape charges were dismissed against Seligmann, Dave Evans and
Collin Finnerty. They still remain charged with sexual offense and
kidnapping. Each has declared their innocence.
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