Prosecutors ask for Dominique Strauss-Kahn case to be dismissed.

The BBC are reporting that New York prosecutors have asked for the case against Dominique Strauss-Kahn to be dropped.

Mr. Strauss-Kahn’s lawyers have maintained throughout that any sexual encounter was consensual:
“We also maintained that there were many reasons to believe that Mr Strauss-Kahn’s accuser was not credible….
Mr Strauss-Kahn and his family are grateful that the district attorney’s office took our concerns seriously and concluded on its own that this case cannot proceed further.”

Ms Diallo’s lawyer Kenneth Thompson insisted that justice was not being done.
“Manhattan District Attorney Cyrus Vance has denied the right of a woman to get justice in a rape case. He has not only turned his back on this innocent victim but he has also turned his back on the forensic, medical and other physical evidence in this case.
“If the Manhattan district attorney, who is elected to protect our mothers, our daughters, our sisters, our wives and our loved ones is not going to stand up for them, when they’re raped or sexually assaulted, who will?”

If prosecutors drop the case Mr. Strauss-Kahn will be free to return to France though he could still be the target of civil action in the USA and in France writer Tristane Banon has claimed that Mr. Strauss-Kahn tried to rape her during a 2003 interview.

Prior to the allegations Mr. Strauss-Kahn had been director of the IMF and was seen as a very likely candidate for the French presidential elections in April next year. According to the BBC an opinion poll released in July showed two-thirds of French people do not want Mr Strauss-Kahn to be a candidate in the 2012 elections. Whether this will change if the case against Mr. Strauss-Kahn is dropped remains unclear.

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  • keano10

    Of course it could also be the case that he is actually innocent of this charge.

  • Rory Carr

    Mr. Strauss-Kahn may walk away scot-free, without a stain on his reputation from this sordid little affair but he still remains as guilty as sin of what might be considered a much graver matter, indeed is an unashamed, self-confessed former director of the International Monetary Fund.

    The question that we each must ask of ourselves is this – would we trust such a man to babysit our country?

  • Comrade Stalin

    I’m sure David Ford must be to blame. The legislation doesn’t say it but he has all kinds of powers to get American prosecutors to drop charges against republican sympathizers in the IMF.

  • DC

    The Guardian reports that the victim lied on numerous occasions to the point that the prosecutor no longer believed in her, and this from the same prosecutor’s office that prosecutes those people that rape prostitutes.

    From Wiki:

    Also amongst the discoveries were her statements to investigators differing from what she had put in her asylum application, her claiming to have only one phone while paying hundreds of dollars a month to 5 phone companies, and individuals, including known felons, putting almost $100,000 into her bank account over the past 2 years.[7]

    You have to wonder whether hotels paying wages so low that the only people that can work in them are black economy workers, working illegally, is in fact a magnet for trouble, creating a culture of distressed,low paid workers – with low esteem as a result.

    But funny enough, you will find that it is the same sort of hotel chain that is able to expand across the globe, but can’t pay a decent wage to its staff on the floor.

    Try better wages and less of the expanding across the globe.

    If employers cannot pay a living wage, then these businesses and hotels don’t deserve to be in business, begging the question why it is that hotel maids and waitresses find themselves looking hard for much needed ‘tips’ from wealthy hotel guests and other rich occupants. America has a culture of limited state redistribution and low taxes but demands high charity, where tipping is pretty much obligatory on the individual in recognition of wages being so low that individual generosity is in much demand and greatly appreciated.

    I’ve no doubt big business and politicians in America look the other way so that these hotel chains can maximise profits by exploiting barely legit workers, if not actually fraudulent ones.

    Funny enough, it’s the same in Paris where French-speaking africans work day and night on false papers for buttons. No doubt similar situations are replicated throughout the western economy, eg in London hotels etc.

    The civil case will be interesting all the same, but from what I’ve read of the evidence provided so far and the many changes to the story of when and where the alleged attempted rape took place, I have my doubts.

    But hey, the truth will out and all that…

  • Jimmy Sands

    Obviously no case here. Clearly only white middle class virgins of previous good character can be raped. This was s
    imply the hotel version of droit de seigneur.

  • DC

    Jimmy, the law’s an ass!

  • slappymcgroundout

    The one comment on a NYT blog about sums it up:

    While there was corroborating forensic evidence of a sexual assault, the victim was a nightmare in her inabilility to stop lying every step along the way post-assault.

    The prosecutors weren’t going to be able to prove DSK’s guilt beyond a reasonable doubt with her testifying and then being eviserated under cross-examination.

    This not to say that he’s innocent. He first denied being there; then denied having sex with her; and then acknowledged consensual sex. Yes…small little troglodyte presenting himself naked to a complete stanger cleaning his room: who could resist that package of charm? Plus he spoke French.

  • Harry Flashman

    DSK is clearly a loathsome individual with all the vile characteristics and hypocrisy we come to expect from a massively overpaid, French civil servant and soi-disant socialist.

    However everyone has a right to a fair trial and the cornerstone of that right is that the proescutors must be able to prove guilt beyond reasonable doubt, if the chief prosecution witness can’t lie straight in bed then there’s no chance of a successful prosecution.

    DSK walks and rightly so.

  • Jimmy Sands

    Cal me old fashioned, but that’s for a jury to decide, not some political hack prosecutor.

    “everyone has a right to a fair trial”

    It doesn’t appear that the chambermaid does.

  • Nunoftheabove

    Handy that all his assets are in his wife’s name.

  • dwatch

    Even if he walks DSK has been exposed as a filthy old man who has two hopes of becoming President of France. Bob Hope and No Hope.
    http://www.dailymail.co.uk/news/article-1388748/Dominique-Strauss-Kahn-animal-girls-claims-Manhattan-madam-Kristin-Davis.html

  • sonofstrongbow

    Jimmy,

    Setting aside the media’s interest in her the maid is not on trial.

    The right to a fair trail includes the decision to bring a prosecution in the first place. In a one v one case such as this the credibility of the main prosecution witness is paramount. If even the prosecuting authorities doubt her veracity and her ability to appear as a credible witness then there is no case.

    The right to a fair trial means the right not to be brought before a court where the evidence, if it exists at all, is unsound and would not meet the most basic of challenges. Otherwise you are in the realm of the show-trial where people are put before a court for political opinion or to assuage popular distaste at an individual’s conduct.

  • Harry Flashman

    “It doesn’t appear that the chambermaid does.”

    I wasn’t aware that the maid was on trial.

  • tuatha

    Maybe his tribulations will really begin when he returns to France – one can only hope that respectable, white (real) people of the female persuasion, belle francais aussi) will give him his comeuppance.

  • DC

    From the BBC:

    “The physical, scientific and other evidence establishes that the defendant engaged in a hurried sexual encounter with the complainant, but it does not independently establish her claim of a forcible, non-consensual encounter,” the filing said.

    So DSK had his winky out after all, very very poor.

  • Jimmy Sands

    Some of you seems to be putting a great deal of faith in the judgment of the DA. I’m not in anyway prejudging guilt or innocence but I fail to see how it can be seriously argued that there is not a prima facie case here. I do not believe for a moment that an affluent white complainant would be so readily dismissed.

  • I am glad I live in a country of laws. The maid has no credibly and would be destroyed on the stand. “He says, she says” cases are among the most difficult. There has to be a lot of other circumstantial evidence to get a conviction. That was not the case here; the evidence, as such, supports his account too. Life, and the judicial system, isn’t always fair.

  • sonofstrongbow

    Jimmy,

    There must be prima facie evidence for all the elements of a case. In this instance Strauss-Kahn is not being accused of having had a sexual contact with the maid, in any case he has admitted to that. He is accused of having sexual contact with the maid that was not consensual.

    Given that consent, or the lack there of, is the most important point to prove the case turns on the maid’s evidence (I understand there were only the two of them present at the material time). The maid’s credibility is therefore crucial and it seems it has been eroded by many changes of her story and her honesty bring called into question.

    Guilt beyond a reasonable doubt is a tough call; thankfully.

    The law officer’s judgement is important in any jurisdiction. Someone has to consider the facts presented by the investigatory body and decide if the available evidence meets the standard of proofs required to mount a prosecution with the potential for success. If this stage did not exist surely any accusation however outlandish would have to be brought before a court. Would that be fair?

    Btw if you have evidence of a history that suggests the NY DA may be racist share it.

  • Since power corrupts, and money corrupts, shouldn’t the head of the IMF be assumed to be corrupt until he can prove otherwise, beyond all reasonable doubt?

  • What are you saying, Dave? Presumed guilty until you prove you’re innocent. That would be a reversal of 1000 years of jurisprudence.

  • dwatch

    “So DSK had his winky out after all, very very poor.”

    DSK was in fact forced by this strong young woman to take his winky out and then she molested him.The poor old man.

  • sonofstrongbow

    Seeing that DSK bought the Republic of Ireland when he ran the IMF he could offer it as compo to the lady. You never know she might like it. 🙂

  • DC

    Winky being out was inappropriate but not illegal:-