Prosecutors have filed papers asking a judge to set aside the sex assault charges against former IMF boss Dominique Strauss-Kahn, several news organizations reported.

In a 25-page submission, Manhattan prosecutors said they did not have enough evidence to prove the assault took place in a hotel room in May, the New York Times reported.

The former French presidential favorite was jailed after a hotel maid accused him of attacking her. Evidence confirmed a sexual encounter, officials said, but her testimony was required to prove it was involuntary.

Questions arose about the credibility of the maid, an immigrant from West Africa, after prosecutors said she lied about her immigration status and other matters.

If the judge dismisses the case Tuesday, Strauss-Kahn will be free to leave the U.S. and return to France, where some have said he may rejoin the presidential race.

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