Personal Injury Blog

Dominique Strauss Kahn, Ex-IMF Chief Faces a Civil Lawsuit

August 30th, 2011
IMF Chief Dominique Strauss-Kahn

Dominique Strauss-Kahn now faces a civil lawsuit after the rape case was dismissed.

The rape case involving ex-International Monetary Fund Chief Dominique Strauss Kahn has collapsed, and the case has been dismissed.  However, now the ex-imf chief faces a civil lawsuit by his alleged victim.

The lawsuit has been filed by hotel housekeeper Nafissatou Diallo, who three months ago triggered an international scandal accusing Strauss Kahn of sexually assaulting her in his hotel room.  The criminal case filed against Strauss Kahn has now collapsed, and charges against him have been dismissed.

The failure of the criminal case against the former IMF chief, was the result of the prosecution’s success in undermining the credibility of the accuser.  Prosecutors found that there were several holes in her story.  However, her credibility, or lack of it, may not have that much of an impact in a civil court.  Although Diallo might come across as less of a victim than she did three months ago when she first made her accusations of sexual assault against Strauss Kahn, the fact is that the burden of proof on an accuser is much lower in a civil case.  In a criminal action, prosecutors must prove that the defendant is guilty beyond reasonable doubt.  In a civil case however, plaintiffs do not have that high a burden to prove the defendant’s guilt which is why the ex-IMF chief faces a civil lawsuit.

According to lawyers for Diallo, their case has several advantages.  For instance, they believe that they may be able to compel Strauss Kahn to appear in court to give his version of what really happened on that May day at the Sofitel Hotel in New York.  Strauss Kahn has not denied that a sexual encounter did take place, but has maintained that the sex was purely consensual.  The victim, on the other hand, alleges that he forced himself on her.  According to the lawyers, they are looking forward to making sure that the truth about what really happened in that hotel room is brought out through a civil suit.

In California, victims of rape may be eligible to file a civil claim against the assailant.  Prosecutors can help bring a criminal to justice.  However, by filing a civil lawsuit against the assailant, a California sexual assault lawyer can help victims recover monetary compensation for their suffering.

It’s not just the assailant or the perpetrator of the crime who can be named in a sexual assault lawsuit in California.  The owners or managers of the property where the sexual assault took place can be named in a lawsuit, if they have, through their negligence, helped contribute to the crime.  For instance, apartment building owners, managers, and property management companies can be named in a civil claim.  Besides, security companies can be named in a lawsuit if the sexual assault was the result of negligent or inadequate security on the premises.

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