Wednesday, May 18, 2011

The Consent Defense

A commenter yesterday asked for a more reliable source than the NY Post for the claim that the DSK lawyers were planning to use a consent defense. What is known is summarized here by the Times. The article also contains this sentence:

A law enforcement official said, meanwhile, that “more than one” woman had contacted investigators to suggest they had been sexually assaulted by Mr. Strauss-Kahn, but officials were still determining whether they would go to France to investigate.

3 comments:

Anonymous said...

In other words, he did it, and he's trying to weasel his way out by suggesting that it was consensual. Assuming these reports are true, of course...

Kirk said...

I wonder how long before he goes for a plea bargain. Certainly not before Friday, when he will (most likely) be formally indicted.

Yet 57% of French people polled think it was a setup....

MYOS said...

Can you imagine DSK going for a plea bargain and thus admit guilt? That's where I wish we had his side, because I can't see it from a man who makes the PS adopt a calendar that suits him and admits he doesn't like campaigning because he's around so many dumb people (paraphrase, I don't know the real quote by heart but it showed that DSK is used to being deferred to and being seen as The Great Man - which in economic and political terms he is)

Does plea bargaining in a criminal case even exist in France? (should we steel ourselves for another round about the US' inhumane justice system?) Plus if he's all gung-ho about "clearing his name", taking a plea bargain won't work - especially as I doubt DSK would accept jail time. And I don't see how he can plea bargain such facts into a white-collar facility or much else.

If the prosecution goes to France, they're bound to find people. Already I've had stories from 2 different PS members explaining 1° why you should never take an elevator with DSK alone 2° why you shouldn't be seen by DSK if he's visit your fédé and you're good looking. Along the lines of "they knew" but with the denial "I really didn't think he was capable of this." I've also met some of the 70% PS members who think it's a set up. Their reasoning is that DSK doesn't "need" to rape since he's rich and successful. An apparently widespread belief is that rapists are poor, sexually frustrated schmucks who can't control their "pulsions".
The prosecution can subpoena foreigners, can't they?