Thursday, July 21, 2011

DSK Accuser May File Charges in France

DSK's New York accuser may file rape charges against him in France, since French penal law "is applicable to crimes and misdemeanors committed by French citizens outside the territory of the Republic." One begins to see a legal strategy behind the sudden alliance of lawyers Thompson and Koubbi. The latter had initially refused to combine the two cases, but a concerted strategy would keep charges against DSK alive in France even if Banon's accusation is reclassified as sexual assault rather than rape and therefore dismissed because the statute of limitations has run out. With criminal charges still pending, then, no matter what happens in New York on the Sofitel case and Paris on the Banon case, both lawyers will have more leverage in pressing DSK for a civil--read financial--settlement.


Rubin said...

Two words: double jeopardy.

Mitch Guthman said...

I am almost certain that the prohibition against being placed twice in jeopardy would not prevent DSK from being prosecuted separately in both countries. The Double Jeopardy Clause of the Fifth Amendment, which generally prohibits the government from putting any person “in jeopardy of life or limb” for the same offense twice, does not bar successive trials for the same offense by “separate sovereigns.”

If this description of French law is correct, I think DSK can be tried, convicted and punished by each separate sovereign for crimes over which it claims jurisdiction.