Strauss-Kahn sexual assault trial: This case is all but over due to accuser's credibility issues

The sexual charges leveled against former IMF boss Dominique Strauss-Kahn is just about to be tossed out of the NY criminal court. So many serious credibility issues with this accuser originally from Guinea in Africa. From numerous accounts and also confirmed by the prosecutors office she made so many false claims in her filing documents for her asylum among other things. She said in her asylum papers that her husband was tortured by the military in guinea while in jail and later died, house burnt down, got gang-raped by the military, was violently genitally mutilated, all lies she later admitted. She has one phone yet pays five phone bills in the tune of 100's of dollars each month. Discussed case and possible benefits with a drug dealer caught with 400 pounds of marijuana, who was among folks that paid almost $100,000 into her account within a span of 2 years. She claimed someone else's child in her tax return and lied about her income to retain her apartment.
In a quick turn of event the prosecution presented these inconsistencies to the judge in this case who granted Kahn bail and ordered that his $6 million bond be released to him while they still held his passport.


Discussing this case with a lawyer friend of mine she brought up some interesting points about the case. She noted that, "Most of the noted acts of the accuser MAY NOT be allowed into evidence under the Rape Shield Laws. People come with faults and blemishes. As such, they can still be raped." While admitting that "the accuser's credibility is very questionable", she further added that, "an argument can be made that DSK raped "the right type of woman", knowing he could get away with it."

The most serious charge against Kahn is attempted rape. The actual rape didn't occur. Sexual encounter happened which the accused claims was consensual. The same Rape Shield Laws

  "allow the judge to determine whether the evidence in question... is relevant and, if so, whether or not the potential prejudicial impact of the evidence outweighs its relevance." I believe based on that premise alone, Judge Vance Jr seems to be heading in that direction already. Also the same rape shield law has a "catch-all" exception, which permits a judge to allow the introduction of any evidence, even that normally barred by a rape shield law, if it is necessary to introduce that evidence to protect the constitutional rights of the accused." I believe NY is among the states that has that "catch-all exception". 
The accuser's lawyer Kenneth Thompson spoke to the media at length after the accused was released from jail cell and his ankle bracelet removed.  After watching that media address by Thompson, I felt like he did a horrible job of damage control. Obviously the defense lawyer had the same information the prosecutors presented to Judge Vance. They would have presented it to the judge anyway during the hearing. The comment by Thompson to the media that, ”The only defense Dominique Strauss-Kahn has is that this sexual encounter was consensual. That is a lie,” will work against his client if he makes that statement in a courtroom because the defense attorney will submit to the court what an actual "lie" looks like on paper by presenting the accusers recanting statement about her "lies" in her asylum documents. The counsel for the accuser made a buffoon of himself addressing the media. He addressed the media as if he was talking to the jurors in a closing argument in a court of law. He even made his client look like the defendant in this sexual assault case against DSK. He pretty much turned me off with the amount of times he repeatedly mentioned the word "vagina" in his statement. I counted at least 7 times within a span of 50 seconds. He claimed DSK "grabbed it with so much force". I didn't know one can actually grab a vagina the way he described it.. It just didn't come out right for a male counsel for the accuser to come on TV and just kept saying the "V" word repeatedly. What an overkill of the vagina. What a display of misplaced and ineffective demagoguery. I can only imagine how many times he might have asked his client to repeat her ordeal with DSK whether consensual or non-consensual. In fairness to the accused counsel Kenneth Thompson, I believe he was just taking what we call in basketball, a "hail Mary" shot at this point in the department of damage control. I believe he is just preparing his case for a civil court where he doesn't have to prove his case beyond a reasonable doubt. Also the physical evidence will amount to something even if it was consensual. DSK probably would opt to settle out of court when it goes to civil court because he might still be interested in the upcoming French presidential election.

Discussing this case further with my friend lawyer friend she contributed the following statement, "The issues of lies in the accuser's asylum application are for another forum..... I say, try the Immigration court. However, People v. Jovanovic, 263 A.D.2d 182, 700 N.Y.S.2d 15...6 (N.Y. App. Div. 1st Dep't 1999 may decide how this case is handled, if it proceeds at all.." She went on further to state,
"I agree with you that the Defense lawyer for the accuser is dangerously close to the edge. He breached the confidentiality of his client yesterday…very unethical. That’s a chance lawyers take WHEN THEY ENGAGE in pre-trial publicity. Luckily, The Defense lawyer for the accuser only defends her in a Civil Court. In the Criminal Court, the prosecutor defends the accuser and the people of the state of New York. I doubt that he will OPEN THE DOOR for DSK’s lawyers to explore the accuser’s asylum application."

It's a foregone conclusion that the immigration would definitely step in at the appropriate time and do the right thing concerning the accusers statements in her asylum documents. The accuser definitely won't be giving a "carte blanche" treatment when it comes to immigration matters. There are asylum applicants with more horrifying and compelling account of their ordeal to escape from a war torn or political unstable countries have their cases still pending administrative processing for years yet this woman admitted lying in her application.

The next court date has been scheduled for july 18th. I am pretty sure that a whole lot more will be coming out about the developments in the accuser's stories and shenanigans. Stay tuned!