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Case 1:15-cv-07433-LAP Document 1331-13 Filed 01/05/24 Page 12 of 22 Epstein’s mansion under the guise of providing him with a massage. She was then led up to his bedroom, where Epstein sexually abused her in the same ways that Ms. Giuffre was also sexually abused. To be sure, because this happened a number of years ago, 7 will unsurprisingly not be able to recall every tiny detail of her sexual abuse. But such lapses in memory are simply fodder for cross-examination. They do not provide any basis for excluding her testimony in its entirety. See Fed. R. Evid. 601 (providing presumption of competency to testify); see, e.g., United States v. Sinclair, 109 F.3d 1527, 1536-37 (10th Cir. 1997) (even being “very strung out” on morning of events did not disqualify witness from testifying). Defendant also raises technical objections to aspects of| P| testimony. In doing so, Defendant simply repeats objections that she has already lodged at P| testimony in her separate pleading on that subject. Ms. Giuffre will respond in detail to those objections in a dedicated pleading, but a few general responses are appropriate herein. Defendant seems to argue that Rule 612, Federal Rules of Evidence, somehow requires the exclusion of this evidence. Yet Rule 612 is not a rule of exclusion, but simply a rule of procedure that gives an adverse party the right to examine a writing used to refresh a witness’s memory. Defendant does not claim that Ms. Giuffre’s counsel in any way violated Rule 612, so it is not clear what her argument is for exclusion under that rule. Defendant also makes reference to the Palm Beach police report, which details Epstein’s sexual abuse of many young girls. With respect to claims that aspects of fF testimony simply read into evidence passages from the police report, those specific objections will be dealt with in Ms. Giuffre’s specific responses to Defendant’s objections to the testimony. Such objections concern only a tiny fraction of || testimony, most of which involves recounting Epstein’s sexual abuse.