Continuing this week’s previous post on the Dominique Strauss-Kahn (DSK) sexual assault allegation, this post will discuss the challenges facing the prosecution that ultimately led to the dismissal of all charges. In general, sexual assault cases are difficult for prosecutors because there is often limited evidence unless the DNA evidence is present.
A witness’s credibility is often a critical component of a sex offense case because when there are only two people involved namely the victim and the alleged offender, the testimony is often pitted as one against another. That’s why the judge or jury must have a great deal of faith in the victim’s credibility.
In this particular case, credibility of the witness was extremely important. The problem for the maid in this case, however, was that she admitted that she lied about a previous gang rape prior to her arrival in the U.S. Some reports also said that her application for U.S. asylum was falsified when it included the rape information, but that was later discounted by the New York Times who reported that the application actually contained no mention of the gang rape.
Despite pleas from prosecutors to be absolutely honest about everything she said, the alleged victim fabricated the gang rape story. After the lie about the story occurred, it would be relatively easy for the defense lawyers to discount the woman’s story about the sexual assault in New York. That’s part of the reason why the charges against DSK were dismissed and the accuser’s request for a special prosecutor request was denied.
It is important for a criminal defense attorney to understand the alleged victim’s credibility and his or her past when defending against sex offense allegations.
Source: LA Times “Dominique Strauss-Kahn is free to go home,” Geraldine Baum, 8/24/2011
Related Links:
- New FBI Rape Definition Includes Male Victims
- Man Attempted To Rape Woman After Bumping Bike Tire With SUV
- Statutory Rape Laws Need Overhaul Nationwide
- Man ID’d For Rape While Walking Down The Street In Carrboro
- DNA Evidence Leads To Arrests In 1991 Rape Case
- Does A Statutory Rape Charge Mean Prison Time?
- Late Night Encounter Ends In Rape, Kidnapping Charges
- What’s At Stake In A Second-Degree Rape Charge?
- What Is Statutory Rape In North Carolina?
- North Carolina Date Rape Charges
- Raleigh Man Charged With Statutory Rape Of A 15-Year-Old
- Northern Guilford Middle School Teacher Charged For The Alleged Rape Of A Student Under 15
- Charlotte Limo Driver Charged For Alleged Rape And Assault Of Passenger
- High School Teacher From Greensboro Charged With Alleged Rape Of 17-Year-Old Student
- Part I: Rape Charges Dismissed In Dominique Strauss-Kahn Case
- Charlotte Man Accused Of Stat Rape, Taking Indecent Liberties
- Duke Lacrosse Players On The Offensive After False Rape Charges