DSK and sexual assault

The prosecution withdrew the case against Dominique Strauss-Kahn and he has apologised for his ‘moral failing’, in other words, for his extra-marital dalliance. Perhaps this was sex, (not so) pure and simple, in which case, we can only feel sorry for their respective partners and butt the hell out of the whole sordid business. Serious doubts surround the credibility of his accuser, Nafissatou Diallo, and for this reason the charges were dropped. It may well be true that Diallo was not sexually assaulted; indeed, under the principle of justice that regards the defendant as ‘innocent until proven guilty’ this is what we must believe. However, the conviction, and especially the prosecution, rate for sexual assault and rape is frighteningly low (in the UK it is estimated that perhaps 95% of rapes go unreported), making cases such as this deeply concerning for victims. No one, not even DSK, is denying that a sexual alliance took place, and photographs of Diallo’s bruised vagina were produced by the prosecution. But she is unreliable: she has lied about being sexually abused in the past. What are the victims of sexual assault to make of this?

It has been argued (http://www.telegraph.co.uk/news/uknews/crime/7442785/Rape-conviction-rate-figures-misleading.html – and I am no natural Telegraph reader) that statistics highlighting the difficulty of acquiring a conviction in rape cases discourage women (and men) from coming forwards, and if this is true, then such a high-profile incident as this can only reinforce such reluctance. After all, who would want to go through with the trauma of a court case (standing in the witness box under any circumstances is said to be a terrifying experience) if they believe that their attacker will, in the end, walk free and innocent? It is not preventing French journalist Tristane Banon from pursuing her accusation against the former IMF chief for attempted rape. Good, unless of course she is discredited too.

And there is of course another issue: that of what constitutes sexual assault, and how to protect victims from psychological rather than physical abuse. DSK’s lawyers argue that Diallo’s continuation of a civil case against him indicates that she is primarily concerned with a possible monetary compensation, one of the arguments deployed to demonstrate that she is not a credible witness. If this is true, it would be a sad thing for rape victims for their plight to be so belittled by a mercenary. But even if the encounter was ostensibly consensual, it cannot be denied that the Frenchman was in a position of power over the chambermaid. Perhaps she did use ‘feminine wiles’ to lure him into bed in order to sue him for his cash. But equally likely, he forced himself upon her (even if not in a literal, physical sense) by virtue of his wealth and status. Banon’s accusation suggests that he is not the innocent target of a slanderous and gold-digging plot that some of his political supporters would have him, and it is essential that rape victims everywhere are not discouraged from coming forwards as a result of the affair.