Emily Yoffe at State puts her finger on precisely why I can’t believe that Dominique Strauss-Kahn is innocent of sexual assault. It seems DSK has given an interview to French TV, trying to exonerate himself but providing no real answers:
Although we only have translated summaries of the interview, Strauss-Kahn acknowledges there was a sexual encounter between the two but says no force was involved and he didn’t offer her money. … If there was no force, and no money, are we to believe it was his continental charm that caused Diallo to get on her knees and relieve a stranger?
Exactement! This was the weakest point in the prosecutors’ motion to dismiss the case – how to explain the sex if no compulsion was involved?
In that motion, the prosecutors note that the complainant, Nafissatou Diallo, lied repeatedly, thus shredding her credibility (and, I agree, almost certainly alienating every potential jury in the world). But the evidence in the case went beyond he-said/she-said. While injury evidence was inconclusive, DNA analysis indisputably shows that DSK deposited his semen in the complainant’s mouth – a point that DSK does not dispute.
And so we have to ask, what narrative could possibly explain this most unlikely mixing of fluids? What sort of unpaid, consensual encounter could take place in the span of 20 minutes or less, from first meeting to au revoir?
The relatively brief nature of the encounter between the defendant and the complainant initially suggested that the sexual act was not likely consensual. Specifically, key card records from the hotel indicated that the complainant first entered Suite 2806 at 12:06 p·.m., and telephone records later showed that the defendant had placed a call to his daughter at 12:13 p.m. Accordingly, it appeared that whatever had occurred between the complainant and the defendant was over in approximately seven to nine minutes. But in light of the complainant’s failure to offer an accurate and consistent narrative of the immediate aftermath of the encounter, it is impossible to determine the length of the encounter itself. That the defendant placed a brief phone call at 12:13 p.m. is not dispositive of when the encounter took place, how long it lasted, or where the complainant was from 12:06 to 12:26. Any inferences that could conceivably be drawn from the timeline of the encounter are necessarily weakened by the inability to solidify the timeline itself. (pp. 23-4)
But the prosecution hasn’t actually shown that the timeline is shaky. Not at all! DSK checked out at 12:28 p.m. (p. 6). The longest time span during which he and Diallo could have occupied the same space is 20 minutes. The prosecution has established this very ably indeed. Questions about what Diallo did after 12:26 – and inconsistencies in her testimony about her immediate reaction – don’t change the fact that the sexual encounter must have occurred in 20 minutes or less. (There is some question about the accuracy of the hotel’s clock and the key-card records, but the two-minute discrepancy described in footnote 25 would suggest an even shorter timeframe.)
Given that we’re taking about a 20-minute encounter, here is what we must believe to hold DSK innocent: We must imagine that a conspiracy set Diallo on DSK to entrap him and ruin his career. Or we must believe that Diallo was a prostitute – a possibility that both she and DSK have denied. Or we must presume that Diallo initiated the encounter in an attempt to sue DSK and get rich. All three of these theories are far-fetched on the face of it. And if you think any one of them aren’t totally bird-brained – well, consider that DSK was practically heading out the door. A few minutes later, and Diallo and DSK would have never crossed paths. That’s a piss-poor way to plan a conspiracy or entrapment.
Or, of course, we may choose to believe that DSK’s charm and charisma alone will bring any woman quite literally to her knees, with no desire for reciprocity. This charm. This charisma.
(Source: The Guardian)
Okay, that’s not quite fair. There are more flattering photos of DSK. But he’s no beauty. He’s a jowly man on the cusp of old age. I’m much closer to him in age than Diallo is, and yet I can’t imagine even eating potato chips with him in bed, fully clothed.
I don’t think any belief about what happened in Suite 2806 can be held “beyond reasonable doubt,” and in any event, the case will never come before a jury. But since DSK is appealing to the jury of public opinion, it’s fair to ask: Which is more plausible? Were two strangers overwhelmed by by lust? Or did a rich and famous man opportunistically assume that room service included gratification of his every whim?
(As an aside: the motion to dismiss notes that four other stains in the hallway – not the bedroom! – were found to contain semen from men other than DSK. And here I thought bedbugs were the only reason to avoid New York hotels. I know the Sofitel caters to the privileged, but can’t they at least avoid splattering the wallpaper?)