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NY prosecutors pursue Strauss-Kahn case

Prosecutors insisted Wednesday they were still pursuing the sexual assault case against former IMF chief Dominique Strauss-Kahn after a high-stakes meeting in Manhattan with his defense team.

The news will disappoint those back in France hoping for a quick dismissal so the leading French politician might return in time to run as the Socialist Party candidate against President Nicolas Sarkozy in 2012. A second attempted rape allegation back in France also threatens to scupper those hopes.

The New York case against Strauss-Kahn suffered a potentially fatal blow last Friday when the prosecution cast grave doubt on the credibility of the hotel maid who accuses him of assaulting and attempting to rape her on May 14.

A meeting was called Wednesday in which the defense and the prosecution were expected to discuss whether the case should be dismissed — as prosecutors have demanded — or if a plea deal is possible.

Leaving the office of Manhattan district attorney Cyrus Vance, Strauss-Kahn’s lawyer Benjamin Brafman said: “We had a constructive meeting. That’s all I’m going to say.”

A spokesperson from Vance’s office told AFP on the phone after the conclusion of the meeting: “The investigation is continuing.”

In the latest twist to the stunning case, the maid’s lawyer Kenneth Thompson sent a letter Wednesday to Vance requesting he immediately recuse himself from the case and allow the appointment of a special prosecutor.

Most of Thompson’s four-page letter detailed alleged leaks from Vance’s office, in particular regarding a New York Times story about a conversation the maid had with a jailed felon that was being secretly recorded.

Among “several other orchestrated leaks and false accounts,” Thompson said he was truly saddened that a “senior prosecutor” had refused to deny a New York Post tabloid story accusing the maid of being a prostitute.

“The fact that apparently a prosecutor in your office suggested that it might be true that the victim is a prostitute and had engaged in acts of prostitution while under the protection of your office is appalling.”

Thompson also mentioned a “potential conflict of interest” because the head of the prosecutor’s trial division is married to one of Strauss-Kahn’s lawyers involved in the case.

“We should have been told about this matter by members of your office and not by members of the press,” he wrote.

Thompson also complained that one of the prosecutors had “screamed at and disrespected the victim” and yet was still assigned to the case.

Thompson had already said after Friday’s hearing that he felt the prosecution was laying the groundwork to dismiss the case and accused Vance of not having the courage to go through with it.

Strauss-Kahn was released from house arrest after a dramatic court hearing on Friday at which prosecutors admitted the credibility of the 32-year-old Guinean-born maid had been shattered.

They said she had given false information on tax and asylum application forms, including about an alleged gang rape in Guinea. Perhaps even more damaging, she had lied in sworn testimony about the Strauss-Kahn case.

The maid initially told the grand jury, which decided back in May that the case could proceed, that she had left Strauss-Kahn’s room after the alleged sexual assault and waited in a hallway until he had gone.

Prosecutors revealed Friday that she later recanted that version of events, saying she went on to clean another room and even returned to Strauss-Kahn’s room to clean it before telling a supervisor about the alleged incident.

Strauss-Kahn’s defense team indicated last week that they would be unwilling to agree to a plea deal over a lesser felony or misdemeanor charge unless the prosecution could find some damning evidence of wrongdoing.

The prosecution insisted Friday that the case had not been dismissed and that the charges stood, promising to carry on their investigations until the truth emerged.

The maid’s lawyer, Kenneth Thompson, said she had not changed one word of her account and proceeded to provide the most graphic account to date of the alleged crime, accusing Strauss-Kahn of a brutal sexual assault.

Strauss-Kahn, who is due back in court for another hearing on July 18, has enjoyed a great deal more freedom since being released from house arrest.

In a huge turnaround for someone who weeks ago was on suicide watch in New York’s notorious Rikers Island jail, he dined out on truffles and fine Italian food with his wife Anne Sinclair on Friday at an exclusive Manhattan eatery.

Shorn of his ankle monitoring bracelet and without the 24/7 armed guards that had been conditions of his previously draconian $6 million bail and bond deal, the former IMF chief has been moving around at ease.

On Wednesday, while the latest machinations in the case were playing out across town, Strauss-Kahn was again spotted out and about in Manhattan, entering an office building on Broadway.

Meanwhile, back in France, prosecutors said they had received a complaint from a young writer alleging that the former IMF boss and leading politician tried to rape her in 2003.

When the 62-year-old Socialist returns to France he could face a second case if prosecutors take up Tristane Banon’s complaint that he grappled with her and tried to strip her in a Paris apartment during an interview.

Strauss-Kahn has dismissed the alleged attack as “imaginary” and his lawyers are planning to sue Banon for defamation over the allegation, which she first made on television in 2007.

Some of Strauss-Kahn’s allies in the French opposition Socialist Party have suggested he could return to fight Nicolas Sarkozy in next year’s presidential election.

Before the New York scandal he polled as the person most likely to beat Sarkozy.

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RAPE

‘Negligent rape’: Has Sweden’s sexual consent law led to change?

One year ago, Sweden introduced a law change that meant sex without explicit consent was considered as rape, including when the victim did not actively say 'no'. The Local spoke to experts to find out the impact this has had on court cases and within Swedish society.

'Negligent rape': Has Sweden's sexual consent law led to change?
Experts told The Local Sweden's sexual consent law has had an impact on court cases and in the way people discuss sex and consent in the media and in general.File photo of a Swedish courtroom: Jessica

The law change meant that participants needed to clearly demonstrate that they wanted to engage in sexual activity in order for it to be considered consensual.

Two new offences of “negligent rape” and “negligent sexual abuse” were created for acts where courts found that consent had not been established, but in which the perpetrator had not intended to commit rape or assault. Previously, a decisive factor for a rape conviction was proof that a perpetrator used force, threats, or taken advantage of someone in a vulnerable situation.

The law faced backlash at the time, and had to be clarified after Sweden's Council on Legislation said it was too unclear. Others criticized it as signalpolitik, meaning a policy implemented only for appearances and unlikely to make a real difference. 

Twelve months on, rights organizations say the law has had a measurable impact on court cases and helped change the national discussion on sexual autonomy – but warned there was still work to be done.

'Sweden needs to do more to convict rapists': Amnesty report
File photo of a police officer: Hanna Franzén/TT

'Negligent rape' sentences

“Earlier this year, we looked at 30 court judgments, and these included cases which definitely would not have been considered to be rape before the change in the law; where no violence or other means of force was used,” Katarina Bergehed, an Amnesty International expert in women's rights, told The Local.

Over the past year, the new law has been decisive in at least seven rape cases which went to court, according to an investigation by Swedish radio programme I lagens namn (In the name of the law).

The programme said that of 60 rape cases, the new law was crucial in seven, including six convictions of negligent rape.

A study from the Siren news agency reached the same conclusion, finding that in 84 cases where prosecutors mentioned “negligent rape”, 45 resulted in a rape conviction while six were sentenced for negligent rape. 

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'Sleeping in the same bed and wearing only underwear does not mean consent'

One of these sentences was confirmed by Sweden's Supreme Court on Sunday, marking the first time the country's highest criminal court made a judgment relating to negligent rape.

The 27-year-old male plaintiff was found guilty of the negligent rape of a woman while staying overnight at her home.

The woman said had agreed he could stay overnight, but made it clear she did not want to have sex. Despite that, the man initiated sexual intercourse. 

Both the perpetrator and the plaintiff said that she was passive throughout the intercourse, and that they did not speak. The plaintiff said she “froze and did not know how to act”, while the perpetrator said he was not sure whether she was awake when he first initiated sexual contact, “but [he] had the impression that she wanted to have sex” and continued because she did not tell him not to. He also said that he stopped the intercourse when he thought she didn't want to continue.

In a statement accompanying its decision, the Supreme Court wrote: “A person who is subjected to sexual acts against their will does not have any responsibility to say no or express their reluctance in any other way. Furthermore, the court notes that the fact that the plaintiff and the perpetrator agreed to sleep in the same bed and that they were dressed in only underwear does not mean that the plaintiff voluntarily participated in the sexual acts.”

The man now faces two years and three months in jail, although this includes sentences for other crimes he was found guilty of. The penalty for the count of negligent rape was eight months’ jail, according to the Supreme Court.

Without the 2018 law, it is likely that the man would have been acquitted, since intent was previously required for a conviction of rape or sexual assault, and the Supreme Court found no evidence of intent.

Sweden's Supreme Court in Stockholm. Photo: Magnus Andersson / TT

'Greater awareness about consent'

The fact that Sweden's law now sets a clear boundary between consensual sex and rape or assault has also helped open up to discussions about sex and consent, the Swedish Association for Sexuality Education (RFSU) told The Local.

“There is increased awareness and a greater openness towards talking about [sexual consent] today,” said RFSU's Maria Bergström, when asked what changes she had observed since the consent law was passed.

“For example, we can see that this has made it easier for people who have previously experienced this to put words on what happened to them, and to then perhaps go further with reporting it or seeking support. The law has finally made it clear that one always has a responsibility to ensure that there is consent.”

“There is a much greater awareness and more conversations today on these questions among young men but also in the adult population — we also see that the question is raised by the media in a different way than before,” she said.

Bergström also mentioned the impact of the #MeToo movement in putting the question of consent and boundaries on the political agenda, as women from a wide range of industries came forward with their experiences of assault and harassment, all calling for tangible change.

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Sweden in Focus: One year on, what did #MeToo achieve in Sweden?
A march for women's rights organized by #MeToo campaigners in Gothenburg. Photo: Thomas Johansson/TT

'Near impunity for rape'

While the 2018 law is one example of that change, Sweden is a long way from ensuring that all rapists face justice. 

According to the National Council on Crime Prevention (Brå), around 112,000 people were subjected to rape or sexual assault in Sweden in 2018, while only 5,593 such crimes were reported to police. And of those rapes reported to police, only around seven percent went to trial.

“We have near impunity when it comes to rape in this corner of the world that's normally regarded as one of the most gender equal countries, and we simply can’t have that,” said Amnesty International's Katarina Bergehed.

An Amnesty report earlier this year found that questioning was often delayed, and that DNA analyses could take as long as nine months to deliver.

“It’s crucial to deal with rape cases promptly. You need to secure evidence very rapidly otherwise it can disappear, and some evidence risks being deleted on mobile phones. Police are understaffed and resources are often drawn towards other crimes such as gang violence and killings,” said Bergehed. But she added: “The signals we’re getting is that the police are both willing and finally able to resource themselves to deal with rape in an efficient way.”

The Swedish police force announced last month that by next year, 350 investigators would be recruited to deal specifically with cases of rape, sexual violence against children and domestic violence.

Bergehed also pointed to the importance of changing attitudes towards sex and consent across all levels of society.

“Changing a law alone is not sufficient; you need police training, awareness in schools; the whole society needs to change,” she said. “There should of course be justice for rape victims once it happens, but the longer goal is to eradicate rape and sexual violence.”
 

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