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People and Politics by Patrick Roberts

Strauss-Kahn/ Irish bartender/NYPD cops cases show how difficult he said/she said rape accusations are to prove

Posted on Sunday, August 21, 2011 at 06:22 AM

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The New York Times is reporting that Manhattan DA Cyrus Vance will likely not prosecute Dominique Strauss-Kahn in the sexual assault charge against him for attacking Nafissatou Diallo a maid at the Sofitel in New York City.

Nobody in their right mind disputes that there was a sexual encounter with the maid but her background of lying and subsequent actions such as allegedly telling a male friend that she was going to gets lots of mullah certainly damaged her case.

It also proves why sexual assault is one of the toughest crimes to prove. If it comes down to he said/she said juries are reluctant to definitively take sides.

That is understandable , it is a jungle out there and it is hard to get a definitive narrative in many cases.

A young Irishman, Damien McGuinness from Derry, finds himself in the same situation. A bartender in midtown Manhattan he and a friend took two young women home to their apartment near Columbia University.

She claims he raped her, he says it was consensual. Police dropped charges against his friend who at first was accused of holding her down.

Who is telling the truth, who is lying? It may be both are from their own point of view as they perceived their situation so differently.

We recently had a case where two NYPD police officers clearly were up to no good when they brought home a very drunk young woman and then visited her apartment on four separate occasions. The woman was so drunk however, that the jury could not convict because her memory was judged to be impaired.

The three cases clearly show how difficult this issue is.There is no doubt that Strauss-Kahn is a pig around women, that the two cops acted against every duty they had sworn to uphold, that the Irish bartender overstepped some boundary.

But in one of those cases the jury could not convict, one is set to be dropped and the Irish case looks the shakiest of all.

When it comes to he said/she said there is simply no easy answers it seems.

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Towngate | Aug 26, 2011, 06:00 AM EDT

SingleDonald @ 10.18. Brilliantly stated. Pure Gold! ~~~ Searlit@ 02.02 " ... they did brutally assault her.... I'm trying not to be judgemental." Pure dross! ~~~ In days of old, the man was the breadwinner and the wife ran the home. World War II changed all that and since then women are expected to provide for themselves and work as hard as men! Some,however, don't like this idea and try this 'shortcut' to a comfortable life without having to care for the man. I cannot recall any cases of bell-hops or shoeshine boys being accused of these crimes.

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eiriamach | Aug 25, 2011, 06:44 AM EDT

According to the NY Times article 8.25.11 on dismissal of charges against Strauss-Kahn, this case is expected to further discourage reporting of sexual assault. Sixty percent of rapes are unreported now, and only 6% of rapists receive prison sentences. From the article: "A 23-year-old graduate student who is from Guinea and lives in the Bronx said Ms. Diallo’s allegations emboldened her to lodge a complaint against a professor who had made sexual advances and offered her a higher grade if she complied. The woman, who requested anonymity for fear of community stigmatization, was raped by a family member years ago, she said, yet until recently never told anyone. She said the dismissal in the Diallo case suggested to her that people in power would always be protected. 'I feel more vulnerable,' she said. As for Ms. Diallo, the young graduate student said the former hotel worker had already been ostracized among New York’s Guineans for being an 'unlucky woman.' 'This situation,' the young woman said, 'is going to make things worse.'" I think there is reason to be concerned also that men with money, power, or media influence, such as in the William Kennedy Smith case and several sports figures charged in the past with rape, will be encouraged to think that they can assault women with impunity.

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cabbagehead44 | Aug 22, 2011, 10:27 AM EDT

A rape is a crime! It should be prosecuted and even if a woman is drunk and can't remember. No excuses. These men who committed this crime did so because they knew the woman wouldn't be able to remember. The definition of rape is the perpetrator having power over the victim.

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SingleDonald | Aug 22, 2011, 10:18 AM EDT

pittsburghkid, America is not a feminist country! Many people, both male and female, accept more traditional values, while still being in favor of womens career advances, and the respect, which women deserve. We would all have a better world if: 1) Men had greater respect for women, by not pushing too hard for intimacy, and 2) Women had greater respect for men, by cutting back on "gold digging". There are two ways women could accomplish this: 1) Stop trying to fleece a man of his earnings, and 2) Be willing to date average, middle income guys, who are good looking, personable, and respect the female gender!

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themurphia | Aug 21, 2011, 04:10 PM EDT

eiriamach:Absolutely..!

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eiriamach | Aug 21, 2011, 03:53 PM EDT

I'm not trying to excuse any lie this woman told IF she lied in the Strauss-Kahn case. But even a known liar is entitled to justice when she is victim of sexual assault. This and the McGuinness case pose problems for the NYPD, but let a jury decide-- guilty or not guilty!

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eiriamach | Aug 21, 2011, 03:40 PM EDT

Today, there is medical and forensic evidence in most rape cases. But according to CBS News' "Exclusive: Rape in America: Justice Denied," there are at least 20,000 rape-evidence kits that have never been tested by a lab to see whether the victim's story of the rape was true. In 2008, according to CBS News, there were 90,000 reported rapes and approximately 75,000 unreported rapes. Some sources estimate the rape reporting rate as low as 16%. Why are rapes often not reported? NOT because a rape case is a "she said/he said" problem for juries, and NOT just because testifying and persisting through cross-examination places the victim under severe psychological stress. The reason is that enforcement often does not bother to investigate, examine the material evidence, and prosecute. Before DNA testing, Patrick Robert's claim would have been right: juries would not fully credit the woman's testimony and, given the vigorous defenses some rapists' lawyers have staged, going through a trial was like a second rape for the woman, as humiliating as the actual rape itself with discussion of her sex life and the assault in public! it's truly shameful that so few rapes are investigated and prosecuted in the USA, but the reason is certainly NOT that rape is still a matter of "she said/he said."

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Searlit | Aug 21, 2011, 02:02 PM EDT

There's a total misconcept going on, here. Because a woman gives consent to a man that she chooses to, doesn't give the greenlight to his companion. As far as the police assault on a drunken woman, there can be no consent under those conditions, I think they did brutally assault her. On the IMF fellow, it is hard to see the light of the soul, in those eyes. I'm trying not to be judgemental.

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themurphia | Aug 21, 2011, 12:29 PM EDT

Rape is not 'making love' that was/is his problem he doesn't know the difference...a common problem it seems particularly among Irish men!

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Pittsburghkid | Aug 21, 2011, 12:16 PM EDT

The Irish Ambassador to America can help the bartender. The Mexican Government interceded on behalf of Mexicans in America. Please go to your Ambassador. He will get no justice in feminist America. Forget about Rooney, he is politically correct.

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Pittsburghkid | Aug 21, 2011, 12:11 PM EDT

America is a Feminist Country. Feminist don't hate men, except alpha males. Alpha men are forgiven for rude behavior against woman. Kennedy & Clinton are examples. Of course DSK will get off, but the Bartender is a beta male. Beta males are offered up as sacrifices to the feminist goddess. Sorry I think he is innocent.

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Rebelforce | Aug 21, 2011, 12:10 PM EDT

Btw, the accused rapist's last name is Strauss-KAHN, not Strauss-KHAN. He's Jewish----not Indian.

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Rebelforce | Aug 21, 2011, 11:04 AM EDT

Let's not kid ourselves, it's undoubtedly the secret sexual fantasy of every poor woman to be made love to by a famous, rich, powerful man. She probably really wanted it anyway.

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themurphia | Aug 21, 2011, 06:25 AM EDT

I think you're confusing moolah and mullah...be careful PC/Plod will be after you...either way 'justice' in these cases is about moolah... other than that I'll keep my counsel...!

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