The arrest and prosecution of sexual assault, attempted rape and kidnapping of Dominique Strauss-Kahn on Sunday by the prosecutor of New York, raises several legal issues relating to sexual offenses. Decryption.
What's next court waiting DSK?
The IMF chief should be referred on Sunday at 19 pm (Paris time) before a U.S. judge in New York, with whom he will have the opportunity to speak. Former socialist minister denies all the charges alleged against him and will plead not guilty, told AFP his Washington lawyer, William Taylor. The magistrate will then decide on the release on bail of former minister or otherwise detained."In general, with regard to foreign nationals, who are by definition the risk to flee the United States to their country, mostly in cases of this magnitude, those accused remain in jail, at least for the time the judge to initiate the procedure, "says Emmanuel Saint-Martin, FRANCE 24's correspondent in New York. If the judge finds that the director will not escape justice, then it will be released on bail or without bail, on condition that he report at trial.
The head of the IMF has it a privilege?
"Theoretically, DSK is protected by an immunity for acts committed as part of his official duties in accordance with the operation of major international institutions.Remains whether it applied at the time of the alleged assault, "said Stanislas de Saint Hippolyte, FRANCE 24's correspondent in Washington. Indeed, the IMF Articles of Agreement (Article IX), showing that its officials" are not prosecuted for acts performed by them in exercising their official duties, "however, the Fund may decide to waive this immunity after meeting management.
If the allegations are true, what are the penalties incurred by Dominique Strauss-Kahn?
The fate of DSK depends on the nature of the crime by holding the "District Attorney" (floor New York).Charged with sexual assault, forcible confinement and one of attempted rape, the IMF chief "risk if convicted one year to twenty-five years in prison, according to the prosecutor's decision", said Stanislas de Saint Hippolyte.
Four scenarios could apply to Dominique Strauss-Kahn: sexual intercourse without consent of the victim. "This is the crime the less severely punished, ie one year in prison," said Stanislas de Saint Hippolyte. The second case involves sexual abuse. It may be a crime as a crime, punishable by up to fifteen years imprisonment. The third qualifier is rape, punishable by a sentence of twenty-five years in prison.Finally, any act of rape with "deviant", such as the practice of oral sex, is punishable by twenty-five years' imprisonment maximum.
