NEW YORK-The Attorneys for both the alleged victim Nafissatou Diallo, the hotel housekeeper, and for Strauss-Kahn, who was arrested for raping her in a hotel room, have confirmed that the case against Strauss-Kahn will be dropped.

Strauss-Kahn, the former head of the International Monetary Fund, was charged and arrested for the rape of Diallo, who worked at Sofitel Hotel, in May of this year. He had long maintained that he was innocent of the charges. Diallo, 33, accused Strauss-Kahn of sodomizing her in his hotel suite and he was arrested later that day, on May 14th, as he was departing from John F. Kennedy International Airport bound for Paris.

New York Prosecutors claim that evidence gathered in the post indictment investigation had undermined Diallo’s reliability as a witness in the case. Prosecutors point to discrepancies in the case, such as the video footage at the hotel, as well as rape claims that Diallo made in order to get asylum in the U.S. The prosecutors say it was the lies on a broad range of issues that doomed the case.

The 25 page filing asking for dismissal points out that while evidence shows that there was a hurried sexual encounter that took place, there is no way that the prosecutors could prove that the encounter was non-consensual. “If we do not believe her beyond a reasonable doubt, we cannot ask a jury to do so,” said Assistant District Attorney Joan Illuzzi-Orbon.

New York prosecutors will seek dismissal tomorrow, Tuesday August 23rd at strauss-Kahn’s hearing before New York State Supreme Court Justice Michael Obus.