The case of Dominique Strauss-Kahn, managing director of the International Monetary Fund, has shocked both sides of the Atlantic and much of the world. The official charges filed against him in a New York City court include: two counts of criminal sexual act in the first degree; one count of attempted rape; and one count each of sexual abuse in the first degree, unlawful imprisonment in the second degree, sexual abuse in the third degree and forcible touching. In an interview with TIME’s Ruth Davis Konigsberg, Linda Fairstein, the former chief of the Sex Crimes Prosecution Unit of the New York County District Attorney’s Office explains what that all means and what’s next for Strauss-Kahn, who has been denied bail and is now in jail on Rikers Island awaiting a grand-jury hearing.
What’s the difference between a criminal sexual act and sexual abuse?
The two charges of criminal sexual act are what used to be called “sodomy” and refer to the oral sex [that Strauss-Kahn allegedly forced a hotel worker to perform on him at the Sofitel in midtown Manhattan]. Sexual abuse in the third degree is a misdemeanor touching, it’s a far less serious crime, it may have been the first time he grabbed her and touched her buttocks or breasts or some sexual part but without the force needed to drag her down the hall.
So the two charges of “criminal sexual act” is attempted oral sex?
No, it was completed oral sex. The only thing that was attempted was vaginal penetration, which is attempted rape.
Did the New York district attorney’s office do a good job with the charges? Yes, as I would have expected them to. The Manhattan special-victims squad was one of the first formed in the country . They’re very experienced detectives. I led that unit for 26 of my 30 years [with the D.A.’s office], and the one unusual thing we pioneered was the technique of partnering very closely with the police department. We worked very hard to make sure that the legal pieces, which include crimes charged, be consistent and supported by the evidence.
Does that mean they already have DNA evidence?
No, all they need is the credible word of a witness. They don’t need DNA to charge a crime. If they have it, it’s a nice extra, so that’s the work that gets done now to see if the DNA matches. DNA on bedsheets in his hotel room would not necessarily be incriminating. If the DNA, for example, is on her clothing, that’s very incriminating, so the DNA testing will be done.
But the DNA has been collected?
Yes. The crime-scene unit was dispatched to the hotel room and would have processed everything in the room and presumably all of the clothing of the complaining witness.
What else has happened to her?
She witnessed a lineup on Sunday. She had to pick him out among six men, and she did that successfully. She was probably immediately interviewed by precinct police who would have responded first and then would have referred her to the special victims unit.
What does she face next?
She will be offered counseling if she wishes, and as evidence and facts are analyzed, she’ll continue to be questioned, and then she’ll have to testify before a grand jury, which will determine if there’s going to be an indictment. If his lawyer doesn’t get him out with a new bail application, then the grand-jury presentation will be this week.
