A Prosecutor's Opinion about the DSK Case and its Outcomes

Christine Herrman, JD, Executive Director of the Oregon Sexual Assault Task Force of the Oregon Attorney General’s office, wrote the following in an email to some colleagues in CounterQuo.

She simply, eloquently and persuasively (in my opinion) gets to the heart of the matter of one of the most vexing and troublesome issues in the case of Dominque Strauss Kahn – former head of the IMF – who allegedly raped a hotel maid. It’s a troublesome issue in our culture: we too seldom believe a victim of sexual assault when s/he reports it. It’s important to persuade our society that in fact, victims generally don’t lie about rape. We need to keep saying it, in as many different eloquent ways as possible, until people get it. So, with permission, here’s what Christine had to say.

“I don’t mean to suggest that DSK knew all these facts about the victim; there’s no indication of that. My point was simply that he was rewarded for good victim choice. But let’s look at what he DID know.

He knew she was a lowly maid.

He knew she was a woman of color.

He likely was able to ascertain, if she spoke, that she was an immigrant.

He knew he was the head of the IMF.

He knew he was rich.

He knew he was unlikely to be held accountable (again)

And, sadly, he was right.

As for trying difficult cases … I generally try to avoid stepping into the shoes of another prosecutor. We seldom have the full picture of what the prosecutor knows. In this case, though, it’s very hard to believe that there’s anything we don’t know, thanks to the 25-page motion to dismiss. So, with full knowledge that I am but one opinion and sheltered by the awareness that I don’t have the whole world watching my every move, I’m comfortable with saying that yes, I would have gone forward with this case. This is provided, as has been reported, that the victim was fully apprised of the risks of acquittal and wished to proceed. However, it’s worthy of note that I *do* believe her. And these prosecutors made a point of saying that they don’t.

I’m not naïve, and I can’t for a second argue that the inconsistencies in her various accounts wouldn’t be really damaging. What I can argue, though, is that her report of the assault, as well as her actions after it, are largely consistent. Where they aren’t, a simple education about trauma offers explanation. And jurors can handle this – if we give them the opportunity. A robust voir dire, and an expert in trauma and counterintuitive victim behavior would be essential, of course.

The other lies/inconsistencies in her personal history, if they came in, would also hurt, no doubt. But the account given by the prosecutors in that motion is incomplete. The complete story is damning still – but far less so. And again, well-chosen, well-educated juries can handle it.

And let’s not forget that there can only be two options here: a sexual assault, or a consensual encounter. We cannot discount the absolute absurdity of this being consensual. DSK might assert that he paid her for her services – but if this is the case, where was the money she received? And why, why, why would she tell anyone? As noted by the prosecutors, there’s no indication that she even knew who he was before this encounter. And, of course, in his statements to the police, he never mentioned anything of the sort.

Would a trial result in a conviction for DSK? Who knows (we never will, that’s for sure). But would it be worth it, if for no other reason than to establish that the community will not simply stand idly by and fail to object to this kind of behavior? I absolutely believe so.”