If Not Guilty, Still Not Innocent

Dominique Strauss-Kahn, the former IMF head and potential Socialist candidate for the French presidency who has been under house arrest for the last month due to charges of forcibly raping a hotel maid while staying at a ritzy hotel in New York, is now out on bail and word is that the prosecution case is “crumbling”. While physical evidence gathered in Strauss-Kahn’s hotel suite and from the maid herself shows unambiguously that an encounter between him and the maid occurred (Strauss-Kahn’s defense no longer denies this, but insists it was not forced), law enforcement officials have found that she lied on her immigration application, she has a boyfriend in prison in Arizona for drug dealing, and her account of the order of events surrounding the incident has varied over time. None of this necessarily indicates that she wasn’t raped, but it does allow a crack defense team to raise a lot of reasonable doubt.

Some of his allies are taking this as an exoneration:

Martine Aubry, the Socialist Party leader, was quoted on the Web site of the magazine L’Express as feeling “immense joy” that the case seemed to be faltering. “Speaking as a friend of DSK, I hope the American justice system will establish all the truth and allow Dominique to get out of this nightmare,” she said, using the initials by which Mr. Strauss-Kahn is widely known here.

Here in the US, some on the opinion pages are tut tutting that this is a prime example of how we need to be careful not to rush to judgement when someone is publicly accused of a crime.

I’m sure someone will think this is an example of class envy and middle class morality, but I for one am not feeling all that sorry for what Strauss-Kahn has been put through. If a wealthy and powerful banker/politician is going to solicit low paid employees at their hotels for sexual favors, I don’t really have a problem with throwing him in Riker’s Island for a couple days and publicly humiliating him for a while if said hotel employee wants to claim that the encounter was less than voluntary. Rather than complaining that Strauss-Kahn has had shabby treatment by the world over the last month, it might do for Strauss-Kahn himself to consider treating those he meets less like objects for his own personal satisfaction. However much an ambitious DA may salivate at the chance of bringing down a well known figure, surely the New York prosecutors would not have moved so fast if there had not been ample and indisputable physical evidence that something took place, which the maid insisted was quite involuntary on her part. (And despite her increasing lack of credibility as a witness, she may well be telling the truth about this.)

If France’s Socialists are eager to get DSK back as their representative, it says a lot about how they really think about how the elites and the workers should interact.

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Joe Green
Joe Green
Saturday, July 2, AD 2011 10:49am

It’s a he said/she said. No pity here for DSK but when an accuser loses credibility (see Tawana Brawley) then a reasonable doubt is raised. Or another possibility is an “out of court settlement” (see Kobe Bryant and Michael Jackson). As Clarence Darrow famously said, “there is no justice in or our of court.”

Donald R. McClarey
Admin
Saturday, July 2, AD 2011 12:01pm

DSK is a bounder and not a rapist apparently. I weep little for him. However, if it can be established that the maid fabricated the story of the rape, she should be prosecuted for it. Rape is one of the most serious criminal allegations imaginable, and people who do so falsely should not simply be left to go about their business.

Jonathan
Jonathan
Saturday, July 2, AD 2011 2:18pm

“her account of the order of events surrounding the incident has varied over time.”

Yes, and in such a way as to cast serious doubts about her credibility, particularly having 1. Lied about being raped previously, 2. lied about the events surrounding DSK: if I remember, immediately reported a rape versus going and cleaning DSK’s room AND another room before discussing the matter with her supervisor.

“If a wealthy and powerful banker/politician is going to solicit low paid employees at their hotels for sexual favors, I don’t really have a problem with throwing him in Riker’s Island for a couple days and publicly humiliating him for a while if said hotel employee wants to claim that the encounter was less than voluntary.”

Could you have made this a bit more emotionally evocative? Perhaps “monstrously powerful, vampiric, blood-lusting, sexually charged capitalist bankers soliciting low-paid, poor, innocent, Christian, socially-disabled slaves”?

As evidenced, I have very little sympathy for lines of reasoning that imply, somehow, that because one individual is powerful and another “low paid”, there is some sort of pity to be had for the less well-off, etc. Sin extends both ways – lust for power and money one way, lust for flesh and domination another.

While I do not weep for DSK, I agree with DMc that if the maid is found to have perjured herself on her immigration process and found to have lied to prosecutors to make her own case stronger and elicit sympathy, then she should face some sort of legal action.

Art Deco
Art Deco
Saturday, July 2, AD 2011 5:36pm

Jonathan,

I suppose she might have some sort of kink that renders fat old men irresistible, but I tend to doubt that. Either the man made use of his status to seduce her, promised her some sort of consideration, or forced her. The second is a class b misdemeanor in New York, the third is a class b felony, and the first is most unbecoming of a member of the elite and most unbecoming of an old man. The patriciate has certain responsibilities that do not adhere as strongly to the rest of the society and if the French chatterati cannot figure that out, to hell with them. The thing to do with members of the elite who abuse their positions is to strip them of those positions and send them packing to San Clemente, or at the very least to wherever B-list celebrities are to be found.

Foxfier
Saturday, July 2, AD 2011 9:32pm

It’s even more complicated– apparently she lied about some portion or all of the gang rape she got refugee status under because she was trying to save her 8 year old daughter from mutilation. The same mutilation she’d suffered. A friend apparently told her that gang rape was sure grounds to get asylum. (Anyone know if protecting your daughter from FGM was sufficient reason in ’04?)

What she told her boyfriend over the phone, in their native language, about the DSK rape matches what she told police.

Didn’t DSK originally claim there had been no contact? If that story has changed, then I really don’t see this changing the over-all balance. I’d also like to point out that DSK’s allies were trying to make this all go away before.

Phillip
Phillip
Sunday, July 3, AD 2011 6:53am
Jonathan
Jonathan
Sunday, July 3, AD 2011 7:28am

“I do, on the other hand, think that there is a significant abuse of power (not to mention hypocrisy) in someone with DSK’s wealth and power soliciting a hotel maid.”

And this is what I am not sure about – a significant abuse of what power? DSK was not her employer, her father, her guardian, her….etc. I am lower middle class (if not lower) myself in terms of wealth, power, etc. and cannot believe that there would be some sort of abuse of power if I were solicited by, say, Hillary Clinton.

“Either the man made use of his status to seduce her, promised her some sort of consideration, or forced her.”

Or perhaps what Phillip’s link reports about the maid is true, and she offered some sort of consideration. If that is the case, then they are both liable for some sort of criminal charge.

As I indicated above, I am very weary of analyses of any situation involving materialism in any of its forms. DSK may be guilty (his original story may be no contact, and now he has changed it to no rape) and the maid may not be guilty (her original story claims rape, and still does, but now varies at points). At this point, I am not given to favor one over the other for any reason. There is evidence of a sexual relationship, but so what? Search the internet – I am sure there are more than a few believable stories of hotel maids and clientele engaging in sexual relationships, especially with prostitution potentially involved.

Prudently, as a prosecutor, I would be reluctant to bring a case where the proof was so problematic and spend the taxpayers money (see the Duke case) to produce a losing verdict. With that said, the maid is now so famous that SOME lawyer will take on a civil case for her against DSK (see the OJ Simpson case) and have a good chance at winning or settling. A “not guilty” in a criminal case would almost certainly affect a civil case negatively. It may be that the prosecutors are avoiding a prosecution with that in mind as well.

Ashley Gleeson
Ashley Gleeson
Sunday, July 3, AD 2011 9:35am

“DSK is a bounder and not a rapist apparently.” Mr. McClarey, as always an excellent judge of character.

Ivan
Ivan
Monday, July 4, AD 2011 6:42am

The woman is apparently a prostiute, in which DSK’s story of consensual sex stands. Her story was always weak in particular since the sex act she accused DSK of, if forced, could have cost him his member. And how many chambermaids from Africa, have lawyer friends named Shapiro?

Foxfier
Monday, July 4, AD 2011 10:08am

Can we please keep in mind that a lot of this is still rumor– oh, sorry, “from anonymous sources.” So rumors that someone wanted spread enough that they don’t care if folks know they’re planted, and juicy enough that the media will scramble to publish everything for fear of being left behind.

Rumor that just happens to favor a guy who has a lot of money and a lot of powerful friends? All right at once? That smells like either piling on or planted information.

For how she’d know the lawyer– maybe someone looked at his web site. Or maybe he contacted her, going off of the link to his TV appearances.

Art Deco
Art Deco
Monday, July 4, AD 2011 6:28pm

Jonathan,

Women take advantage of men in all kinds of ways and circumstances, but not in this particular way and these particular circumstances.

I think men are seldom if ever attracted to status per se and find the idea of being kept repulsive. Also, Bess Meyerson aside, women past a certain age have little traction with men of any age. Women are very much attracted to status, most particularly when they themselves are of an age to be earning a living. Elizabeth Taylor’s interest in Larry Fortensky was most peculiar. If Hillary Clinton seduces someone, it will almost certain be a contemporary or someone notably older, and most certainly someone accomplished.

Deport (or jail) the maid and throw the book at DSK for hiring a prostitute.

The maximum sentence in New York would be 90 days in jail. I would guess that johns nearly always receive probation and/or a fine, if not some lesser penalty.

Again, if you are on top, you are kind to and appreciative of the help. That’s class. It is simply part of the vocation of the patriciate.

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