Advocates for Ajay

The Fabrication vs. The Truth: Abortions

The accuser testified that she had 3 abortions, she claimed the responsible person was her adopted father, and that she did not have relations with any other man while living at the Dev house (1/99-12/03). Let's analyze the facts.

Facts:

The Accuser Claims to Have Had 3 Abortions But Medical Records Indicate Otherwise:

-	January 2, 2003 - miscarriage
-	May 8, 2003 - abortion
-	November 4, 2003 - negative pregnancy test
-	November 5, 2003 - negative STD test
The accuser claims to have been raped since 1999. All of the above occurred in 2003, after she was allegedly raped 625 times. Investigations by the police (in 2004) and the defense (in 2006) were able to locate all the times the accuser went to women's clinics. She testified at the preliminary hearing in 2008 that these were the only times she went to this type of clinic, supposedly for the 3 abortions. The clinic records indicate that she had one miscarriage and one abortion. There is not a 2nd or 3rd abortion indicated on any medical records, not even a 3rd pregnancy.

Summary of the Facts:

Although the accuser claimed to have had 3 abortions, medical records confirm the accuser did not have 3 abortions. This is not something one would forget. She stated that her menses began at the age of 14 (before she was adopted). Her first pregnancy occurred in Jan. 2003 and her second pregnancy in May 2003.

She claims to have been raped 3 times a week from Feb. 1999 to Dec. 2002 (625 alleged rapes) and yet never got pregnant. Then she got pregnant 2 times in four months. It is NOT coincidence that the accuser began dating at 18 (while in college) and just a few months before her first pregnancy (as testified to by witnesses).

Her disclosures on medical forms are not consistent with her testimony. She indicated on 3 separate medical documents at three different times and two different clinics that she had never been forced to have sex against her will (the last medical document being November 2003). Hence, she was never raped prior to November 2003 (the accusation was Feb. 1999 to Dec. 2003). She stated in those same medical documents her first intercourse occurred at the age of 18. Therefore, she wasn't raped or even had consensual sex prior to 18. Finally, she indicated on medical forms her partner had no other partners, thus not Ajay (he was married during the entire time frame of the accusation and still is).

By analyzing the medical documents and witness testimony one can logically deduce that Ajay Dev is not the man who impregnated her. And as she stated, she has never been raped, which is consistent with the testimony of her medical physician, the adoption social worker, family and friends. Ajay claims he never had sexual relations with his accuser, which is consistent with her medical documents.

Additional Facts

The accuser stated on the Medical forms the following:

Never physically abused.

Never sexually abused.

Never forced to have sex against her will, or threatened.

First time she had intercourse was at age 18. (claim rapes started at the age of 15).

Her partner has no other partners. (Ruling out Ajay - he is married).

First pregnancy was at the age of 19.

First mense was at the age of 14.

Inconsistent Statements

At trial the accuser testified she did not have sex with anyone except Ajay until after she moved out of the Dev house in December 2003.

At trial a young man (name withheld) testified he had sexual relations with the accuser while she was living in the Dev home.

Testimony by neighbors and friends stated they knew the accuser was dating an Indian man (not the same person as in #a above) and he was seen entering and leaving the Dev home while Ajay and Peggy were at work. The neighbor's testified that the front room curtains would be closed when the man entered and then be reopened after he left. The friend also testified that she knew the accuser was dating the Indian man (name withheld); they started dating around November 2002; and that the accuser would go to his apartment 2-3 times a week.

The accuser forged Ajay's signature on one of the consent forms in the May 8, 2003 visit and told the police, the DA and the court under oath at the preliminary hearing that Ajay had signed the form.

The Defense hired a handwriting expert who proved it was the accuser's writing and that the accuser forged Ajay's signature.

At trial, after opening arguments and learning of the handwriting expert's findings, the accuser recanted and said it could be her writing.

In the pretext call (a recorded phone call initiated by the police) Ajay tells the accuser that the police will investigate and know she is lying because they will go to the pregnancy clinic and they will find the boy's name with whom she went. The accuser replied that the boy's name is not there.

She would never have said this if Ajay was the person and Ajay never would have said this if he was the person. They both knew it was not Ajay, but someone else.

If someone is telling the truth they do not need to lie.

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