Ex-IMF chief may use tried, tricky consent defense
Lawyer Blogs
Former International Monetary Fund chief Dominique Strauss-Kahn has shed little public light on his account of what happened between him and a hotel housekeeper who accused him of sexually attacking her. But in a potentially revealing hint, one of his lawyers has said he doesn't expect the evidence will show a forcible encounter.
If Strauss-Kahn's lawyers are planning to argue there was a consensual liaison, they would be using a common sex-crime defense argument — but one that has both succeeded and failed in other high-profile cases. It sets up a "he-said, she-said" confrontation that can pose challenges for defense lawyers and prosecutors alike, legal experts say.
"They're really difficult cases because, by their very nature, nobody else is there," said Brenda Smith, an American University Washington College of Law professor who has studied sexual violence. Even DNA or other forensic evidence might establish sexual contact but still not prove an attack, "so it really is the credibility of the complainant and the defendant, and also the facts and information that each side can marshal to support their version of what occurred."
For now, Strauss-Kahn is under house arrest in a Manhattan apartment on a total of $6 million in bond and cash bail, facing attempted rape and other charges. At the time of his May 14 arrest, the 62-year-old economist and diplomat led the powerful, loan-making IMF and was considered a leading contender to challenge French President Nicolas Sarkozy.
Prosecutors say he chased down the cleaner in a penthouse suite, groped her, tried to pull down her pantyhose and forced her to perform oral sex.
Related listings
-
Supreme Court to CA: Cut prison inmates by 33,000
Lawyer Blogs 05/24/2011The U.S. Supreme Court ruled Monday that California must drastically reduce its prison population to relieve severe overcrowding that has exposed inmates to increased violence, disease and death. The decision, however, doesn't mean the prison gates w...
-
Appeals court reverses Countrywide suit dismissal
Lawyer Blogs 05/20/2011An appeals court has overturned the dismissal of a class-action lawsuit brought by investors against mortgage giant Countrywide Financial Corp.The move by a panel of the California 2nd District Court of Appeal reverses the decision by a Superior Cour...
-
Supreme Court won't revive torture lawsuit
Lawyer Blogs 05/16/2011The Supreme Court on Monday refused to revive a lawsuit challenging a controversial post-Sept. 11 CIA program that flew terrorism suspects to secret prisons.The appeal asked the court to examine two controversial aspects of the U.S. response to the 9...

New York Commercial Litigation Law Firm - Woods Lonergan PLLC
Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.