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In the Dominique Strauss-Kahn Case, Whose Rape Is It Anyway?

Posted: 08/25/11 06:02 PM ET

If you're a woman, the abrupt dismissal of all rape charges against Dominique Strauss-Kahn has got to frighten you a little. The implications seem to be that it is illegal to rape an honest woman, but it's okay to rape a woman who has credibility issues.

Writing for the New York Post, Andrea Peyser expresses disgust for both the alleged victim and her attacker, but seems especially repulsed by Diallo, calling her "sneaky and obscene," and saying she "has no one to blame but herself."

Meanwhile, in the New York Times, Jim Dwyer defends Manhattan district attorney, Cyrus R. Vance Jr., for dropping the case. Dwyer felt that it would have been "unethical and a fool's errand" for Vance to take it to court. As Dwyer explains it, the dramatic tale told by the housekeeper, Nafissatou Diallo, about being gang-raped by soldiers in Guinea -- during which she launched into a performance full of tears and drama worthy of the greatest Shakespearean actor -- was a work of pure fiction. Prosecutors were freaked out by her subsequent, convoluted explanation for lying to them -- to the point where they finally reasoned that, if she could put on such a convincing performance about a fictitious rape, what jury would ever believe her about a real rape?

According to Dwyer, "Having been tricked by Ms. Diallo, none of the seasoned lawyers... could ask a jury to convict Mr. Strauss-Kahn based on those very tools of dramatic persuasion." He concludes that prosecutors did "their jobs right (cutting) through the underbrush to search for the core truth."

The "core truth" here, of course, was that prosecutors didn't think they could win this case -- not necessarily because she wasn't raped, but because they didn't think they could convince a jury she was. Yet, in filing for dismissal, prosecutors themselves offered a convoluted and tortuous explanation for their reasoning. They appeared to go gentle on the alleged attacker, except to sort of suggest that he was guilty and just got lucky this time. But they had a lot to say to his alleged victim. They "slammed her," according to the New York Daily News, for lying to them about the gang-rape; for having ties to a convicted drug dealer; and for lying about how much money she made.

It's the nightmarish scene that plays out in the minds of many women who are rape victims -- that if they took their allegations to court they would end up being the ones on trial, rather than the rapist -- and heaven help them if they should have a blemish in their past.

Apparently, if Nafissatou Diallo had been a good, honest woman, prosecutors would have tried harder to go after her alleged attacker.

 
 
 

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If you're a woman, the abrupt dismissal of all rape charges against Dominique Strauss-Kahn has got to frighten you a little. The implications seem to be that it is illegal to rape an honest woman, bu...
If you're a woman, the abrupt dismissal of all rape charges against Dominique Strauss-Kahn has got to frighten you a little. The implications seem to be that it is illegal to rape an honest woman, bu...
 
 
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06:25 PM on 08/26/2011
It is an extremely biased article. It implies that a woman who has credibility issues should be trusted if she claims to be raped regardless that she is a shameless liar.
"Sexual assault reporting tends to drop off after a high-profile sex crime case fails" is a very dangerous statement. It promotes the condemnation of alleged perpetrators without fair investigation in order to keep sexual assault reporting high.
09:55 AM on 08/26/2011
The point is that prosecutors seem to treat her as the more despicable party of the two because she kept lying to them. In explaining their request for dismissal, they kept attacking her as if her habitual lying was more heinous than Kahn's potential crime. Prior to this hearing, they kept leaking negative information to the media about her, laying the groundwork for their action; even now, they're still attacking her for lying to them. Did a rape really happen - possibly, considering Kahn's reputation for forcing himself on women. Of course, since legally they can't accuse (or even imply) Kahn's guilt, they know they are safe to attack a poor (lying, greedy, deceiving) maid's character.
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frenchfrog
11:20 AM on 08/26/2011
To be fair, Diallo herself didn't help them at all by sticking with an attorney who openly launched a war on Vance, insulted him, and made a mockery of the judicial process by going to the press with details of the case and put his clients in front of the cameras, attempting at trying this case without the DA in a public opinion court.

It's striking how much she needed to clear her name and how her attorney overlooked the risk of her publicly speaking about the case, thus risking to contradict herself even more in case of a cross-examination in trial. The right thing to do is of course to wait for trial and clear your name then and there. She had a choice. She made the wrong one.

As for accusing her, she is more of a proven criminal than DSK - who has not as far as we know cheated on his taxes, lied under oath, and used someone else's visa to enter the USA.

I didn't see too many complaints about how DSK was vilified in the media at the very beginning of the case and their disregard of the presumption of innocence. So if someone needs to be blamed for the vilification of the accuser, it's the media, and not the DA nor DSK's team who simply did what had been done about DSK at the time of his arrest - leaked to the press certain pieces of info and let them treat this information
12:35 PM on 08/26/2011
Agree, the media played a big role in this case and they deserve a lot of blame for how they treated both parties at different times - but the prosecutors should have stayed above it all and not engaged in strategic leaks. They are still culpable for trying to protect their flanks. But those are all sidebar topics. At the heart here is what it says about women needing to brace themselves to have their entire past sliced opened and spilled before the public, should they accuse someone of rape.
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11:30 AM on 08/26/2011
Niasfatou Diallo lied about being raped by Dominique Strauss-Kahn. His reputation, as you know it, is the product of American media. General public is inclined to believe all the lies and distortions that were used to create this view. He was successfully vilified in order to make him an ex-head of the International Monetary Fund. He came to visit this country in good faith and his life was destroyed.
09:08 AM on 08/26/2011
A blemish in one's past is hardly the litany of issues that the prosecutors laid out in a 25 page explanation.

The report hardly mentioned the lies related to finances or her immigration documents. Paperwork and finances should have nothing to do with an allegation of assault.

It discussed at length the lies she told about the case, her interaction with prosecutors, and the medical/forensic records - hardly anything you should trivialize as a "blemish".
08:59 AM on 08/26/2011
It's not that the prosecutors did not think a jury could believe her. After all, she could give a convincing performance. It's that the prosecutors themselves could not believe her. It's not a frightening outcome at all. It's good to know that if a prosecutor is not certain of a person's guilt they'll refuse to drag someone through a case and send them to prison for years. You don't have to look too far in the past for cases where prosecutors knew someone was not guilty but prosecuted anyway, some even hid evidence. In some cases it was because of race or economic status, or just public pressure. The public pressure campaign did not work here. It's a good thing that justice depends on the evidence and not protesters.
Karama
Procrastinator
05:40 AM on 08/26/2011
Well, DSK has got his passport back. Now he can go home.
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frenchfrog
02:29 AM on 08/26/2011
By not bringing this trial to court, Vance avoided a big humiliation and saved the city a lot of money.
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frenchfrog
02:25 AM on 08/26/2011
I'm surprised the Huff Post wouldn't publish my previous comment in which I simply stated that as a woman, the dismissal of the charges against DSK didn't frighten me a bit but reassured me on the independence of Justice in America. Vance did his job to the best of his ability, and this despite attempts from some at putting pressure on him to move forward with the case. How could he move forward with no case? By no case, I mean an inconclusive medical file and a untrustworthy witness. Had she only lied about her taxes for instance, it wouldn't have mattered much. But this woman turned out to be a compulsive liar and I'm looking forward to hearing DSK's side of the story. Justice did prevail, because Vance followed the law and his own moral obligations toward the people of New York.
12:49 AM on 08/26/2011
Here's a hint for women who have been raped and don't want their cases dismissed. Don't lie to the prosecutor. Even if the truth might put you in a bad light, don't lie to the prosecutor. Even if the real story doesn't sound as good as the one you made up, don't lie to the prosecutor.
08:36 PM on 08/25/2011
I am a woman not in the least disturbed by the dismissal of charges against Strauss-Kahn. I was very disturbed by the indictment though. I would like to remind the author of this article that there are rich men who are not bad, and that there are poor women who are bad. The prosecutors in this case did try very hard to go after the attacker - but they got it wrong who was the real attacker.
08:03 PM on 08/25/2011
The DA office offered "a convoluted and tortuous explanation for their reasoning" because they had rushed to indict DSK, and therefore they had to justify at the same time the earlier indictment and the present case dismissal. There is nothing convoluted or tortuous when they explain why they are recommending the dismissal, though. The narrative is clear and overwhelming. Ms. Diallo's story just doesn't hold up. She lied repeatedly about the incident and other similar 'incidents' in the past. You conclude that "if Nafissatou Diallo had been a good, honest woman prosecutors would have tried harder to go after her alleged attacker." I don't know. The DA only needed her not to be a liar. As for the indictment, it is clear that the rushed to it. Maybe lessons can be learned from this case.
05:56 PM on 08/25/2011
Believe it or not women do in fact make up rape claims.. Lets not forget Kobe Bryant, The Duke Lacross Team, etc. For many reasons including feeling guilty after, fear of others finding out, etc.. In all of these cases the accused is guilty until proven innocent. No matter what the outcome there will always be a cloud over the accused head with many never believing him. Lets imagine for a second that it really was consensual. The accused lost his job, was jailed and treated like a criminal. Just imagine this happened to you because of some psycho girl you hooked up with. It does happen. The media says "credibility issues" but thats just legal jargon for "This is a scheming, lying, money hungry woman and we should have never brought charges" Hmm.. Lying about being raped to fraudulently get into the country to speak to a man in prison for money laundering to thousands of dollars in deposits across the country.. But she was concerned about her job as a maid.. Does not pass the sniff test.. We have a justice system and charges were dropped.. she should be prosecuted for making false claims
05:21 PM on 08/25/2011
Yes, at the very least they could have put in a rider saying
"We did not like the way she reacted to the stream of sometimes missleading leaks all to her detriment from our office and the smear campaign led by the defence that she was a hooker by showing her face in public and giving her story to the world to fight those smears"
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11:21 AM on 08/26/2011
Smear campaign? It is proven now that she is a serial liar.
There is no implications that it is okay to rape a woman who has credibility issues because not alleged but real victim is DSK and Diallo is an attacker who started a smear campaign against him.