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Judge dismisses assault charges against Dominique Strauss-Kahn

Former International Monetary Fund leader Dominique Strauss-Kahn arrives for a hearing at Manhattan state Supreme court with his wife Anne Sinclair in New York on Tuesday, Aug. 23, 2011. AP Photo/Mary Altaffer

(CBS/AP) NEW YORK - A New York judge dismissed the sexual assault case against Dominique Strauss-Kahn Tuesday, but the order is on hold until an appeals court rules on his accuser's request for a special prosecutor.

Nafissatou Diallo, a 33-year-old the hotel housekeeper, accused Strauss-Kahn of sexually assaulting her in his luxury suite on May 14.

The meeting was held a day before Strauss-Kahn is due back in court in the case, which spurred Strauss-Kahn to resign as head of the International Monetary Fund.

Prosecutors argued that DNA evidence showed sexual contact but not necessarily a forced encounter. They also see medical findings as inconclusive. Lastly, Diallo's history of lies and inconsistencies would make it impossible to ask a jury to believe her, a source said.

Strauss-Kahn arrived at court in a six-car motorcade and was greeted by protestors. Demonstrators held signs reading, "Justice for Nafissatour Diallo," "All rape victims deserve a fair trial" and "No matter how rich you are rape is still rape," reports CBS station WCBS.

The case teetered after capturing international attention when Strauss-Kahn, a promising French presidential contender, known in his homeland as "the Great Seducer," was accused of a brutal and contemptuous attack on an African immigrant who came to clean his plush hotel suite. The stakes were high for Strauss-Kahn, who resigned his post as head of the IMF, spent nearly a week behind bars and then spent possibly hundreds of thousands of dollars on house arrest. They were equally as grave for District Attorney Cyrus R. Vance Jr., who was handling the biggest case during his 18 months in office.

Diallo's attorney, Kenneth Thompson, told France's RTL radio on Sunday that Nafissatou Diallo, "feels abandoned by the Manhattan District Attorney." The questions raised about her credibility have made her feel "that she's being investigated more than Strauss-Kahn," he said.

Complete coverage of Dominique Strauss-Kahn on Crimesider.