Facing a female New York Criminal Judge, Dominique Strauss-Kahn (DSK) had the tables turned on him when it comes to rough play. The alleged acts – sexual assault which are attributed to DSK are lurid, but worse, the manner of the assault would appear to exhibit a total disregard for the humanity of the victim, identified unofficially as an African immigrant. (That could only make DSK’s apparent sense of entitlement appear even more rooted in a colonial past of abuse.) A Psychology Rooted in Sense of Superiority & Entitlement? The facts as presented by the Prosecutors appear to leave little room for a misunderstanding, as some of us might have perhaps anticipated as a possibility. DRK tried to pull down the immigrant housekeeper's underwear; he groped her between the legs and apparently forced her to perform oral sex. This was clearly more than “lost in translation." Perhaps though it was DSK who saw in the African person a more vulnerable target and was less inclined to understand her “no” as having the adequate weight. Maybe her politeness as a service worker in a hotel to a clearly privileged guest was understood by DRK as making her available to his whims. I’m speculating and may sound a bit harsh toward DSK, and if the circumstances are vaguely similar to what is alleged by the Prosecution, then my attitude is warranted. The violation would go beyond just one woman but also one imposing himself upon another with culture, social status, race as well as gender potentially playing a role in DSK’s mind. However, I should revert to analyzing the proceedings consistent with my legal education and experience and not rush to judgment, but rather more objectively analyze the Judge’s rough treatment and refusal to grant bail. Prosecutors Playing to Win for the “People” and Their Careers The NY Judge, Melissa C. Jackson, probably was exhibiting an abundance of caution, and was led to some such conclusions by a prosecution rather embellishing the circumstances of the arrest of DSK and other factors. Prosecutors very much perceive themselves to be part of a game with winners and losers. Many look upon brief careers in public service as launching pads to politics or at least a stepping stone to lucrative careers on the other side, as defense or litigation practitioners. DSK’s prosecution is a lottery winning ticket for the lead prosecutor(s); but he or she must win, and convincingly including on matters of bail. (A “suspect” denied bail is also more likely to crack and accept a plea bargain, the overwhelming favorite of US prosecutors to conclude, and yes, win cases.) Flight Risk – Fugitive? DSK is not a very likely flight risk, especially if he has surrendered his passport and is limited to his daughter’s apartment in NY City with monitoring. While his connections and previous influence globally might have played to his advantage, not so much after he has been accused of a sex offense that the whole world knows about. He is now one of the most recognizable people globally to boot. The prosecutors also argued that he is a French politician with no ties to the US. However, his primary job as IMF Managing Director is based in Washington DC, and he has a home and immediate family living in the US. The Prosecution made much of the circumstances of arrest, a plane ready to take-off internationally. However, DSK was already scheduled to fly that itinerary for a meeting set in Europe days/weeks ahead. He had also called the hotel security officer to get the mobile phone he had left behind and told him as to where he was, JFK Airport. This does not indicate the circumstances of flight or state of mind of a fugitive. (It could though reflect the psychology of a man believing himself privileged and entitled who does not have to fear even the law. That is though speculation on my part.) History of Sexual Assault? Perhaps the most damning “evidence” presented by the Prosecutors to contest bail is “previous history” of such crimes, implying both eventual guilt and potential threat to other members of society if released on bail. For someone that apparently had already been labeled as the “Hot Bunny” and the “Great Seducer,” this is not helpful, but neither is it proof of previous criminal conduct. However, a credible apparent previous victim did speak to the media in Paris. It was a purported attempted assault that took place in 2002 that was told to the victim’s mother but was never reported to police. Personally, I think these allegations from a young French journalist to be credible; however, it is highly questionable as to whether such could carry weight now in a NY Courtroom. There is no legal trail by which the allegations could be verified almost a decade later and crossing from French media into evidence in a New York Courtroom, even in a bail hearing. Does the Judge Have More Complete View of Compelling Forensic Evidence? In my opinion, the Judge exercised discretion not particularly consistent with the consideration of bail and flight risk. However, my information may still be considerably less than that available to Judge Jackson. In reviewing an application for bail, the Court in a criminal case may also consider both the potential punishment – here a 25 year sentence would not be out of question – and the likelihood of ultimate conviction. I can only surmise that the “forensic” and other evidence is rather compelling. (DSK may have left DNA behind.) “Most Powerful Man in the World” as Bigot as well as Sex Offender? Regardless, in purely the approach toward the immigrant African hotel housekeeper, DSK’s façade is forever pierced, and especially for one who had been defined as the “most powerful man in the world” due to his effective influence of how country economies and finances are managed, from Europe and the Americas to Asia and Africa. “Epidemic” of Sexual Abuse & Lack of Empathy Especially when the mechanisms of international criminal justice are more than ever having to confront mass rapes and other sexual offenses, from Bosnia but especially in Africa, DSK is a pitiful example, even if he is not found ultimately strictly guilty of the sexual offenses alleged. African perpetrators are now being prosecuted and judged in international and domestic criminal tribunals (including a Rwanda rape case in a German court.) DSK has approached a woman who was clearly vulnerable to his privilege and power, either with the sense of entitlement that money and status could perhaps buy or crude impunity. Either one is an ethical offense of the highest degree even if DSK somehow manages to avoid conviction. If not respect for law and women, where was this man's empathy especially responsible for welfare of so many lives? Related Reports: “Women as Targets Rather than Spoils of War” - diplomaticallyincorrect.org/films/blog_post/women-as-targets-rather-than-spoils-of-war-icc-rome-statute-takes-aim-by-ambassador-mo/16948 “War Crimes Justice” Channel - diplomaticallyincorrect.org/c/war-crimes-justice ---“Sexual Violence-(City of Joy Refuge in Congo)” - diplomaticallyincorrect.org/films/movie/sexual-violence-survivorscity-of-joy/24498 ---“DSK on Global Imbalances” - diplomaticallyincorrect.org/films/movie/imf-global-imbalances-speaking-to-audience-on-plane/24403 By Ambassador Muhamed Sacirbey Face Book at “Diplomatically Incorrect” Twitter - DiplomaticallyX