Posts Tagged ‘ motion to dismiss ’

All’s fair in sex and law?

I’m going to make a wild assumption here, and guess that most of you won’t have read the ‘Recommendation for Dismissal’ filed in the case of the People of the State of New York against Dominique Strauss Kahn… And to be honest, it feels like many journalists haven’t either.

Which is a shame though, as it makes for a very interesting and instructive reading. It is hard enough to get any sense in stories of rape accusations, and even more so when there are politics and power involved. Which is why the motion to dismiss is impressive in its clarity and pedagogy to explain why the charges against Mr Strauss Kahn were dropped, point by point.

The proceedings

The initial important thing to remember is that nothing has been decided. The dismissal of the case does not indicate guilt or innocence, it merely indicates that there is not enough reliable evidence to put the case to a jury. The case can always be opened again one day if new evidence comes to light, or indeed if the complainant decides to bring a complaint in France.

However, in the meantime, the charges are dropped, and now that the court of appeal of New York has rejected the request for a ‘special prosecutor’ to be appointed, DSK will soon be free to go as he pleases, which will probably be back to France.

But what of the evidence you might say? Hasn’t Ms Diallo been vilified because she happened to have lied years ago on her asylum claim and she kept dubious company? Isn’t the physical evidence overwhelming, including vaginal bruising, semen and DNA samples around the suite and even blood?
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