For the 258e she said we weren't in a relationship in the 209a , she said we were . I have affidavits proving for the 258e and waiting on tape recording for the 209a . But getting a 209a requires that we were in a relationship . In Massachusetts and Federal law , the defendant under oath has knowingly made 2 or more declarations , which are inconsistent to the degree that 1 of them is necessarily false , need not specify which declaration is false if : ( 1 ) each declaration was material to the point in question and ( 2 ) each declaration was made within the period of the statue of limitations for the offense charged under this section . This being said , does the perjury of both claims make them both or one of them fraudulent ?