After making a media show of Dominique Stauss-Kahn’s (DSK) arrest, law enforcement in charge perhaps have decided that they dislike the alleged victim even more. (See Top PHOTO of "perp walk"). She is also a “foreigner” who may have lied on her asylum application, apparently has friends in prison, and a Muslim who perhaps was or not as devout as initially represented (according to DSK hired private investigators). Worst of all, prosecutors hate when they become overshadowed by private attorneys representing victims. They want to run the show, and only after they are finished, are they inclined to see a victim pursue other remedies. Perhaps the victim’s private counsel was too visible and ruffling too many feathers. Lost in all of this though is that the hotel housekeeper Nafissatou Diallo more likely than not was a victim of sexual misconduct. The story that DSK would have us believe is that this young woman was so lustful as to immediately engage in sex, oral sex with a stranger and one twice her age. (The only other plausible explanation besides sexual assault is that Ms. Diallo was engaged in prostitution or was part of an elaborate set-up of DSK. If it is prostitution, then the case should not be dropped but both her and DSK prosecuted. If it is a set-up with Diallo as the trap, then even more reason for law enforcement to identify the elements of a political as well as criminal conspiracy with a likely future President of France being a purported victim). Akin to Sexual Harassment & Compulsion by Boss ? DSK’s conduct though is more likely than not responsible for the “incident.” There is no evidence that the now gone public Ms. Diallo is part of some conspiracy. Her life has also become bare to scrutiny. His lawyers can argue that Diallo did not resist. Regardless of whether true, that would not relieve DSK of either criminal or civil culpability. Was it a case of the apparent status and relative power of the perpetrator that made the victim feel overwhelmed and fearful to resist. It is not just her status as immigrant and maid to the rich hotel clientele. DSK’s conduct very much resembles that of a “boss” taking advantage of an employee with implicitly the job at risk if the worker resists the advances. That is why sexual harassment laws tend to be so demanding with respect to the employer or boss. Strong Civil Claim Giving even the benefit of the doubt to the prosecutors’ motives in abandoning the alleged victim, it is evident that Ms. Diallo has a strong civil claim for damages, with or without a conviction of DSK in a criminal proceeding. Further, I find no moral fault in this woman seeking foremost her interests and rights to proceed with a monetary suit. After all, she was the one personally violated as much or more as a criminal act may have been committed against society by DSK’s behavior. A woman in such a situation is as or more entitled than society to receive justice and monetary judgment, of course assuming there was a sexual assault. Prosecutors & “The Ring” It is my opinion though that the major motive for prosecutors not to pursue a criminal case is that they just have come to dislike Ms. Diallo and her attorney(s) even more than DSK. Ironically, Ms. Diallo’s lead attorney is a former Federal prosecutor Ken Thompson. (Bottom Photos of Diallo & Thompson). He has proven a tough match for the New York Prosecutor’s office to intimidate his client into submission. (There are many good prosecutors and society desperately needs most. However, it is sometimes like the “Lord of the Rings”; As long as they are in possession of the ever-powerful “ring,” in the most powerful job in government, they may come to be beyond the normal touch of rationality and morality.) Mr. Thompson has done right to file the suit on behalf Ms. Diallo for several decisive reasons: • Ms. Diallo is fully entitled to be compensated for the assault, as much or more as a tort due to an automobile accident or medical malpractice. Mr. Thompson’s primary responsibility is to his client. • Proving DSK’s culpability in a civil suit requires a significantly lower standard than the criminal criteria of “beyond a reasonable doubt.” It only requires a preponderance of the evidence, something akin to “more likely than not.” (The relatives of OJ Simpson’s brutalized victims employed the same tactic to cripple OJ financially but more importantly to establish a judicial record of what happened, even if not beyond a reasonable doubt). • The suit will actually keep the pressure on the prosecutors not to flip against Diallo, perhaps manipulating the situation against her as a way to get her to drop the case “voluntarily.” • Think it is possible even probable that prosecutors would try to effectively dismiss the criminal prosecution against DSK by having Diallo subject to deportation. Thus, they would bear no responsibility for the case being dropped, as their chief prosecution witness would have been kicked out of the US. Public Policy Considerations: Brutalized Sexual Assault Victims and Those Perceived in Subjugated Position: Beyond the very specific considerations of this case as it relates to DSK and Ms. Diallo, there are many and significant public policy considerations. Sexual violence against women is still widespread. However, it is even more pronounced in situations where the victim is perceived in a subjugated position. Focusing even more on the role of service workers, including hotel maids, as in other work environments, there should be a presumption against guests as well as “bosses” seeking sex from the hotel worker. Otherwise, the work environment would regress from one already difficult to perhaps demeaning and potentially dangerous. The prosecution of DSK should also promote a higher standard to protect hotel workers. If prosecutors drop the case that is a dangerous lapse and devolution of protection of workers and particularly women. Ms. Diallo’s civil suit against DSK perhaps can provide a precedent that will give hotel and other service workers a sense of protection by the law and regardless of their social or immigration status. Related ARTICLE – “Was DSK Set Up?” - diplomaticallyincorrect.org/films/blog_post/was-dominique-strauss-kahn-set-up-by-ambassador-mo/30619 Previous FILM REPORT – “IMF Chief Denied Bail –Sex Assault” - diplomaticallyincorrect.org/films/movie/imf-chief-denied-bail-sex-assault/26965 By Ambassador Muhamed Sacirbey

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