It Was Only A French Novelist

[3113]

As posted in the "It was only a Hotel Maid" thread--but I think that thread has gotten a little long in the tooth and maybe we should refresh it with a new one.

PARIS (AP) — A French novelist will file a complaint on Tuesday accusing Dominique Strauss-Kahn of attempted rape, her lawyer said, raising the prospect of a new sex assault investigation starting just as the U.S. case against the former International Monetary Fund chief falters.

...Strauss-Kahn's supporters suffered a new shock within hours, when the lawyer for writer and journalist Tristane Banon announced she planned to file the complaint in Paris within a day. Banon, 31, said on a 2007 television show that she had been attacked five years earlier by a politician she had interviewed for a book. She later identified the man as Strauss-Kahn.

Full story here.

And the hits just keep on coming for Strauss-Kahn.

 

[sr71plt]

Sort of gives pause to those declaring he's going to escape back to France, doesn't it?

Seems he's safer staying right here.

 

[voluptuary_manque]

Actually in DSK's case, the proper headline would be "It's only a woman! (Gallic shrug)"

 

[Pure]

in my view this is likely an encouraging development, since it suggests a law suit, not a criminal action. ** the standard of proof differs, i would bet; for this holds in the US ('on balance' vs. 'beyond a reasonable doubt). perhaps you remember that the prosecution of OJ foundered, but one murder victim's (Goldman's) parents sued and won.

a number of news stories on the DSK accusation have spoken of a possible change in French society's attitudes, esp. among women--around coming forward, that is.

**ADDED: Further news stories have clarified that Ms Banon has filed a criminal complaint. So it appears that's definite; whether she follows the common practice of conjoining a civil suit, remains to be seen.

 

[3113]

in my view this is likely an encouraging development, since it suggests a law suit, not a criminal action. the standard of proof differs, i would bet; for this holds in the US ('on balance' vs. 'beyond a reasonable doubt). perhaps you remember that the prosecution of OJ foundered, but one murder victim's (Goldman's) parents sued and won.

But this is going to a French court not an American court. Does that make a difference?

 

[R. Richard]

But this is going to a French court not an American court. Does that make a difference?

American courts, with the exception of Louisiana, operate on law based upon the English legal system.
French courts operate on the Napoleonic Code. (Louisiana also uses a Napoleonic Code based system.)
Yes, it does make a difference.

 

[Pure]

standard of proof.

the following source suggests that the French, like the Americans, have a lower standard of proof for civil cases (than for criminal cases); the author suggests that the French consider 80% probability sufficient.

http://www.bepress.com/cgi/viewcontent.cgi?article=1242&context=gwp

Effectively, the BOP [Balance of Probabilities] standard is satisfied if after being presented with evidence the court concludes that there is greater than 50% chance for the claim to be true. Lord Denning in Miller v. Minister of Pension described it simply as .more probable than not.. In civil law countries, the standard is more stringent, but the search for certainty is not imperative either.

For example, in the French Code Civil the statute of the proof is directly related to the notion of likelihood. Specifically, article 1387 of the French Code Civil requires: A proof has to render .probable the facts put forward.. In a recent interpretation of this article, the Cour de Cassation (Civ.1, November 14,
1995, no. 92-18199) admits that an Appeal Court didn't commit a mistake when regarding a claim as proven, specifically because based upon the opinion of experts the claim appeared likely at a probability of 0.8. Commentaries on the decision of the Cour de Cassation suggest that based on the judgement the critical likelihood level in French court is 0.8.

===
authors koziol and steininger state there is a difference, though often a criminal and a civil case are conjoined, in France.

European Tort Law, 2008, by H. Koziol and B Steininger

Recent changes in the French Code of Criminal Procedure, beginning in 1983, explicitly state
that the civil action can proceed, in the criminal court or the civil court as appropriate, despite
the acquittal of the defendant in the criminal action. (p.86)

http://books.google.ca/books?id=hZs...reasonable doubt" criminal law FRANCE&f=false

 

[lovecraft68]

I think her going for criminal rather than civil lends credence to this. It does not show her as a money grubber. I think maybe she held back because why bother? She would get swept under, but now that DSK is under attack elsewhere I guess it is strike while the iron is hot.

My wager is that within a short period of time there will be more. Now someone up there made the comment he may be safer here with this case falling apart.

I think the US should readily hand him over to the French holding him at arms length while holding their noses and saying "Here this stinks I think it belongs to you."

 

[TE999]

I'm guessin' DSK had enough mojo left to smear his accuser over here (she of low status), but this new accuser is more prominent, is in his home country and is charging him under French (Napoleonic Code) Law.

 

[voluptuary_manque]

I keep hopin'. I really want to see how a French election that ignores the Socialists and ends up a fight between Sarkoczy and le Pen really turns out! Popcorn, anyone?

 

[lovecraft68]

I'm guessin' DSK had enough mojo left to smear his accuser over here (she of low status), but this new accuser is more prominent, is in his home country and is charging him under French (Napoleonic Code) Law.

Also even if he 'wins' here it still looks a bit shady and also lends credence to the other womans story, the where there is smoke there is fire.

I will repeat what I said at the end of the original thread;

There will be more coming out of the wood work just like years ago when Michael Jackson paid off that first kid.

Now for the maid? Well if indeed he assaulted her at least for her it still looks like she can contribute to his demise.

 

[sr71plt]

I think her going for criminal rather than civil lends credence to this.

It wasn't her choice. The authorities went after him in criminal case. She has no standing to open a criminal case.

 

[R. Richard]

Let's add a bit more fuel to the fire.

DSK accuser sues NY Post for "prostitute" report

NEW YORK (Reuters) - The hotel maid who accused former IMF chief Dominique Strauss-Kahn of sexual assault sued the New York Post and five of its journalists for libel on Tuesday for reporting that she was a prostitute.

The 32-year-old Guinean immigrant accused the Post of publishing defamatory articles between July 2-4 "in an apparent desperate attempt to bolster its rapidly plunging sales."

The suit filed in Bronx state court seeks damages to be determined at trial for articles it said the Post knew were false or should have known were false before they were published.

A spokesman for the Post was not immediately available for comment.

On Friday prosecutors called into question the woman's credibility for a series of lies about her background including a false story about being gang-raped on her application for U.S. asylum.

The Post reported on Saturday that the Sofitel housekeeper "was doing double duty as a prostitute, collecting cash on the side from male guests." An article the following day reported that the housekeeper "continued to work as a prostitute in a Brooklyn hotel where she was stashed by prosecutors."

"All of these statements are false, have subjected the plaintiff to humiliation, scorn and ridicule throughout the world by falsely portraying her as a prostitute or as a woman who trades her body for money and they constitute defamation and libel per se," the suit said.

 

[Pure]

I hope the Post gets its due. Looks like a knowing lie.

 

[voluptuary_manque]

They'll try and hide behind the "public persona" theory. Since she went to the police, she is no longer a private person and is now fair game for whatever putrid garbage the yellow press wants to throw. I bet it won't work.