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Alleged victim's lawyers in Sanford Rubenstein case ask DA to arrest him

Esaw Garner, her son Eric Jr. and attorney

Esaw Garner, her son Eric Jr. and attorney Sanford Rubenstein arrive at National Action Network headquarters in Harlem on Saturday, Aug. 2, 2014. Credit: Steven Sunshine

The war of words over allegations of sexual assault involving Sanford Rubenstein heated up Tuesday as lawyers for the woman claiming he raped her criticized Manhattan prosecutors for not arresting the high-profile attorney who was close with the Rev. Al Sharpton.

In a letter hand-delivered to the Manhattan district attorney's office, attorneys Kenneth J. Montgomery and Keith White said they were "extremely concerned that no arrest had been made in this case." They asked prosecutors to allow the NYPD to arrest Rubenstein.

A spokeswoman for Manhattan District Attorney Cyrus Vance Jr. would only say that the matter remained "an active investigation."

The lawyers also insisted in the letter, a copy of which was made available to Newsday, that the rape took place and said that each day that passes without an arrest serves to "marginalize" the complainant.

According to the complainant's attorneys, she has alleged that she awoke at Rubenstein's apartment to find him sexually assaulting her. The woman also had bruising on each arm, an indication she was held down, the lawyers' letter said. Law enforcement sources said the woman went back to Rubenstein's high-rise apartment with another woman after Sharpton's 60th birthday party on the night of Oct 1.

But in an email response to Newsday, Rubenstein's defense attorney Benjamin Brafman said the alleged victim's letter was "offensive and patently false."

"The reason there has not been any arrest of Mr. Rubenstein, is because all of the evidence to date points to consensual sex between two consenting adults who were both active and awake throughout," Brafman said.

Brafman said the woman's story appears to be changing, but he wouldn't give specifics to "spare her the indignity of further details, a courtesy denied by her own counsel."

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