DISCLAIMER THINGY: Maybe for my birthday or Christmas, Mr. Wolf will wrap them and tie them up (hmmm) with some pretty ribbon and give them to me. But until then, sadly, the inhabitants of SVU do not belong to me.

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The pictures from behind the scenes for the season premiere and some of the stuff I have read gave me an idea for a pre-ep. I may be totally off base (and of course I am about EK - but I can dream), but wouldn't it be something if my story happens to be anywhere near the real thing? I've never done a 'pre' ep...so let me know what you think. " ) Bensler

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By Bensler

Chapter 1 ~ Unbelievable

SVU Squadroom – Thursday, September 24 – 2:10 p.m.

Olivia watched Elliot scowl at Nate Kendal. The NYPD detective helping SVU solve a rape case had not earned any friends in the unit, but on the other hand, he had collected quite an assortment of enemies. He was brusque, rude and moody, not to mention a know it all. Elliot had nothing on this character.

The sleeves of his checkered blue and white shirt rolled up, Elliot crossed his arms tightly over his chest, and Nate, still wearing his black leather jacket even though it was warm in the office, were nearly toe to toe arguing over the validity of the rape case that Nate had insisted working with SVU. Since he was the one who had saved the rape victim, his logic was that he should be in on finding the rapist. Elliot did not want his help.

"I'm telling you she was raped!" Kendal hollered, his hands flying in the air.

"And I'm telling you that Warner did not find any fluids, only spermicide. No obvious trauma, no defensive wounds, nothing. There was no forced entry to the apartment, no signs of a struggle, so it could be she wasn't raped…she had consensual sex and just wants to give the guy some trouble," Elliot reiterated to Kendal.

His voice was low and gravelly, the vein in his neck pulsating, his jaw clenching, and Olivia knew he was close to blowing a gasket. From the moment Kendal had stepped into the squad room looking for Benson and Stabler, Elliot did not like him. She was not exactly fond of him herself. She recalled yesterday morning and the initial conversation.

SVU Squadroom – Wednesday, September 23 – 10:30 a.m.

It had been quiet morning when a tall, big built man with a deep tan and dark hair filled the doorway to the SVU. His eyes swept the room and he caught Munch's attention. "Can I help you?" Munch had asked the younger detective, wondering just who this NYPD badge wearing stranger was and what he needed.

Merely glancing at him, his eyes shifted dismissively from Munch and back to scan the room. "Looking for Benson and Stabler," he curtly responded.

By now Olivia had seen and heard him and was coming around the side of her desk to meet him. "I'm Detective Benson." Smiling, she held out her hand. "And you are…"

Boldly, he looked her up and down, raised an eyebrow and replied, "Anyone you want me to be." He broke into a suggestive leer as his eyes traveled her body one more time.

Giving him a slight smile of disgust, she snorted and shook her head. "What can I do for you?"

"Anything you want, honey; you can do anything you want," he smirked, his eyes raking her yet again.

Elliot now standing right behind Olivia did not miss the interaction and was about two seconds away from grabbing the guy and tossing him out on his head.

Sensing his growing irritation, and movement, Olivia quietly spoke, warning him, "El..."

Glancing down at her, he managed to hold his tongue and his fists in check.

"Detective Stabler," Elliot growled as he stepped between the man and Olivia, his eyes cold as steel, making it clear he had seen and heard the insinuations and was not pleased. "There something you want?"

Olivia was instantly angered by his misaligned need to protect her, and stepped out from behind him to stand at his side.

Kendal looked at Elliot and then around him at Olivia and followed her with his eyes as she came from behind him. "Yeah…I got a rape case I want to work with you on," he looked back at Elliot.

SVU Squadroom – Thursday, September 24 – 2:10 p.m.

She had to find a way to diffuse the situation before it escalated to the physical or word got back to the Captain about all the yelling. Cragen had already reprimanded Kendal yesterday as well as informed her and Elliot that they 'would find a way to work with him'.

"She says she was raped! I believe her!" Kendal exclaimed. "What's your problem, Stabler? I thought SVU was on the side of rape victims!"

Elliot, his hands fisting at his side, took a step toward him, a menacing look filling his features, "You listen here…"

Quickly, Olivia came to stand between the two men, touching Elliot lightly on the arm as she moved in front of him. "Nate, Elliot's been in SVU for over fourteen years. All he's saying is the evidence is not adding up to her claim of rape," she locked her eyes on Kendal and silentely willed Elliot to stay put and keep quiet.

"The woman said she was raped. You're a woman, Liv…how can you question her?" he asked as he squinted and shook his head.

"I'm not questioning her…it's just…we have to look at the evidence. That's true whether it's homicide, narcotics, or special vics," she reminded him, sighing heavily. "Right now, there's not any that supports her claim."

Nate stared at her for a long moment and then agreed, "You're right. I just…I want to catch this guy."

"We all do," she reminded him.

SVU Locker Room – Thursday, September 24 – 9:48 p.m.

Nate Kendal was not the only reason Elliot was in a bad mood. He had been alternately quiet and explosive, on edge for over two months. Olivia had tried a couple of times to get him to talk but he pushed her away. She finally gave up. Now that she was older she did not put up with his antics like she used to in the past. Whether it was because she had become smarter and realized nothing she did or said ever seemed to make a difference, or whether she had simply come to the point that she was not going to allow him to subject her to his anger any more, she did know she did not deserve to be treated like she was worthless and nothing but another of his problems. So she pretty much steered clear of him when he was like this.

Entering the locker room, she was startled to see him sitting on the floor in the half dark, eyes closed, his head leaning back on the lockers near hers and his. He had changed into sweatpants and stripped to his wife beater. Stopping, she eyed him warily before continuing on to her own locker. She didn't speak or even look at him as she began to twist the lock to the numbers of the combination.

"Heading out?" he asked quietly.

His face was partially hidden in the dark, the other half partially lit by the one, dim light near the door. Even so she could see the stubble on his jaw and the weariness in his one eye. His voice sounded gruff, full of emotion and she wondered why.

"Uh-huh. Thought you already left."

That was yet another way she knew something was going on with him – half the time he didn't speak when he arrived in the morning or say good night when he left. She would think he was getting up to get a file or a cup of coffee and then when he never came back she would realize he was gone. It had been two and half hours since she had last seen him this evening.

The only response was a short grunt. Looking down at her partner, she felt sorry for him. He seemed depressed, lost and she didn't know what to say because she didn't want to risk being blown off. Or blown up for sticking her nose in his business. Glancing at her watch, she saw it was almost ten. Deciding that gave her something safe to say, she spoke, "It's getting kind of late…and we've got a really early morning."

Cragen wanted everyone back by six in the morning.

"Yeah…so, you going home now?"

"Uh-huh. You?"

There was a long pause and then he answered. "No one's there."

"Oh…well, you should be able to get some rest then."

"No. I mean, no one's there."

Her breath caught and her mind started reeling. "Kathy and the kids at her parents' or something?"

Shaking his head, he looked down at his watch and lit it up to see the time. "No, they're at home."

What? Didn't he just say no one was at home? "I thought you just said…"

"No one's at my place." When he lifted his gaze to meet hers that was when she saw in his eyes what he was trying to tell her.

Searching his face, silence seemed the way to go at the moment. Taking a quick look at his left hand, she saw the gold band was still in place, so what did that mean, she wondered? What did he mean?

Leaning back into the locker again, he let out a long sigh. "No comment?"

Shrugging, she slid to the floor to sit beside him. "I'm sorry," she whispered.

A smile tugged at one corner as he looked her straight in the eyes, "I'm not."

It was unbelievable, but for a change he seemed to want to talk, so she started asking questions. "When?"

"Eleven weeks ago yesterday."

"Eleven weeks? And you never said anything?! El, why didn't you tell me?" Against her will, her voice escalated and she knew it would only serve to make him mad. "I'm sorry…you don't owe me an explanation…it's none of my business."

"No, no. I should have told you. I wanted to tell you…I just…I don't know. I didn't want you to know I was a failure…"

"El, you're not a failure. Not at all."

"Then why do I feel like one?"

"Kathy won't give you another chance? I'm sure she would…just ask her. You could get counseling…" Why did she keep trying to give him ideas to save his marriage? If the truth be known, her heart was racing with thoughts that this time, she would find a way to tell him how she really felt about him. She would not let this opportunity slide by like she had for the two years he and Kathy had been separated a few years back.

"I don't want another chance. I'm the one who walked this time." He tried to gauge her reaction, but she quickly turned her eyes away and stared at the floor as she pulled her legs closer to her body.

Elliot left Kathy. Elliot left Kathy. He left her. So why was he acting so angry, so miserable. She supposed no matter how bad the marriage, how horrific the fights, it still had to be hard to end a relationship of so many years, especially one that had borne children. Still she had to wonder why he seemed so upset and lost so much of these last months.

When she said nothing, he spoke again. "I only went back because of Eli. We still fought," he snorted, "fight all the time. The deal with Kathleen when I gave that necklace she stole to the prosecution…Kathy was so mad. She threatened to leave me then."

Elliot watched Olivia as she continued to stare at the floor. Leaning toward her, he bumped their shoulders together, and whispered close to her ear, "So how come you never told me you convinced her not to leave me during the Bushido case?"

Her head snapped up and at last her eyes locked with his for a long moment before she looked away again. He was so close to her. Too close. "I don't…I don't know. I guess I forgot."

Chuckling, he threw his head back again and closed his eyes. "You forgot? You really expect me to believe that, Olivia?"

The silence stretched between them and she wished she had not sat down beside him. She wished she could think of something to say that would not seem like an effort to change the subject. Though there were at least eight to ten inches between them, she was very aware of his body heat and his presence.

"Just like you forgot to tell me she came to you to get me to sign the divorce papers the first time?"

Frowning as she turned to him, she asked, "Kathy told you about that?"

"Why are you so surprised? She tells me a lot of things in the middle of fights when she's screaming at me."

Biting her lips, she looked away. "She…she shouldn't have…" her voice trailed off and she shook her head.

"Why not?"

"I don't mean she shouldn't have told you…I mean she…I…nothing."

"No…tell me. Please."

"She should not have put me in the middle like that."

"Why not? You always were in the middle."

Snapping her head sharply toward him her mouth flew open and her eyes widened. "What's that supposed to mean?"

"Just what it sounds like it means. She's always been jealous of you. You know that, Liv. I've told you plenty of times. And I always reassured her she had nothing to worry about. She didn't. Not at first…"

"Elliot…"

"After Gitano…it all changed. You know, I always told her about our undercover stints…but not this time. I didn't tell her about that night with Bushido and Tybor."

"Elliot…don't go there," she warned. She did not want to be reminded of being half dressed and pushing herself against his bare chest.

"I was just going to say that if I told her, she would have been more jealous than ever."

Slightly nodded her head, she agreed, "I know."

"You know?"

"She told me, too."

"She told you?" Elliot asked incredulously.

"Uh-huh. Said she was jealous of me because she thought you'd rather spend time with me than with her. I told her that wasn't true…that you were always talking about her."

At this Elliot burst out laughing. Olivia looked at him in bewilderment, but he laughed harder, and before she knew it she was laughing, too. They continued until they were both holding their sides and wiping tears from their eyes.

"You just didn't tell her what I was saying about her, huh?"

"Elliot!"

"I know, I know. I shouldn't laugh about this."

The silence was back and they sat beside one another each staring at the bank of lockers across from them. Each lost in their own thoughts.

"Liv?"

"Yeah."

"I tried. I did. I just…couldn't do it anymore. I couldn't live the lie anymore."

He could see her barely nod in understanding.

"That's why I left. It's why I signed the papers. Liv?"

"Yeah."

"You don't…you don't think any less of me cause I couldn't make work, do you?"

She sat up straighter and looked him in the eye. "What? Of course not, Elliot. I know you did everything you could to make it work. And even if you didn't, it would change what I thought about you."

"You mean that?"

"Yes."

"Good. Cause I didn't do everything I could have…" he said as he leaned closer to her.

He was so close she could feel his warm breath and suddenly she was afraid he was about to do something they would both live to regret. She knew she should back away but she was powerless to move, to speak.

"I didn't leave the unit…Manhattan. I didn't leave you," he whispered, looking into her eyes for permission.

Even with those midnight blue eyes pleading, even with his full lips millimeters from hers, even with his breath hot on her cheek, her senses at last kicked in and she looked at her watch. "El, I need to get home."

Thankfully, this broke the mood. Elliot smiled at her, knowing she was frightened, and slowly got to his feet. "Sure."

He reached down, extending his left hand, and pulled her up. When he did, he pulled her up against him and suddenly they were in almost the same position as they had been while sitting, their lips so close.

"Elliot…" she shook her head and pulled away.

His smile surprised her. "Good night, Liv."

"You're staying here?"

"Yeah…I'll see you in the morning."

She nodded at him and turned away. "G'night, El."

~ ~ ~ eoeoeoeo ~ ~ ~