Tagged: Dominique Strauss-Kahn

Prof. Gershman publishes new HuffPost blog post: ‘DSK and Bail’ 0

Prof. Gershman publishes new HuffPost blog post: ‘DSK and Bail’

Prof. Bennett Gershman has published a new blog post on the Huffington Post along with co-blogger Joel Cohen. They write about the arrest of former IMF Chair Dominique Strauss-Kahn for allegedly sexually assaulting a chambermaid in his Manhattan hotel room.

When a judge denied DSK bail, they write, “The French press, with a degree of self-righteous pomposity, decried DSK’s treatment by U.S. law enforcement, claiming, among other things, that denying him his liberty without any formal proof of guilt and the rush to judgment of his guilt were monstrous injustices that shamed the U.S. justice system in the eyes of the world.”

Prof. Audrey Rogers on the sexual assault case against former IMF Chief Dominique Strauss-Kahn 0

Prof. Audrey Rogers on the sexual assault case against former IMF Chief Dominique Strauss-Kahn

Pace Law School Professor Audrey Rogers, an expert in criminal law and sex crimes, is available to speak to the media about the sexual assault case against former I.M.F. Chief Dominique Strauss-Kahn.

“Dominque Strauss-Kahn, who has been indicted on numerous counts including sexual assault and attempted rape, was granted bail today under strict conditions, including 24-hour electronic monitoring, one million dollars upfront and five million dollars in collateral. Since bail is meant to ensure that a defendant does not evade prosecution by fleeing the jurisdiction, the conditions imposed by the court today appear reasonable.

It appears that the defense is going to claim that the sexual act between Dominique Strauss-Kahn and a maid at the Sofitel hotel was consensual, and try to make it appear that the alleged victim is lying. Rape laws in New York, which once were strongly biased against the victim, have evolved to give more credence to the victim’s claims. Now, New York has a ‘no means no’ standard for third-degree nonconsensual rape. Additionally, even if the alleged victim in this case doesn’t have a mark on her, it can still be proven that the sexual encounter was forcible. It helps her case that the she reported the incident right away, and that she and Mr. Strauss-Kahn did not previously know each other. I would be curious to know other details about the hours leading up to the encounter—such as whether he had rented an adult pay-per-view movie—to better gauge Mr. Strauss-Kahn’s frame of mind at the time. Ultimately, the defendant does have the presumption of innocence, and it can be difficult for the prosecutor to prove that the act was forcible or non-consensual, when it’s her word against his. It comes down to a question of credibility.”

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