Let's be clear on what that IMF guy is being charged with: anal rape, oral rape and more

[Prometheus Bound]

First my summary of the charge sheet:

1. forced oral sex (twice)
2. forced anal sex
3. attempted rape (vaginal sex)
4. forced sexual contact
5. unlawful imprisonment
6. forcibly touching her intimate parts

Anyone know what DNA eligible means? (see actual charge sheet below)

From the actual charge sheet. The numbers added in paragraph 3 are mine:

Detective Steven Lane, shield 03295 of the Detective Boro Manhattan Special Victims Squad, states as follows: On May 14,20 II , at about 12:00 hours inside of 45 West 44th Street in the County and State of New York, the Defendant committed the offenses of:

1. PL130.50(1) Criminal Sexual Act in the First Degree (2 counts)
2. PL110/130.35(1) Attempted Rape in the First Degree (1 count)
3. PL130.65(1) Sexual Abuse in the First Degree (1 count)
4. PL135.05 Unlawful Imprisonment in the 2nd Degree-DNA Eligible MISD (1 count)
5. PL130.55 Sexual Abuse in the 3rd Degree-DNA-Eligible MISD (1 count)
6. PL130.52 Forcible Touching-DNA-Eligible MISD (1 count)

(1) the defendant engaged in oral sexual conduct and (2) anal sexual conduct with another person by forcible compulsion; (3) the defendant attempted to engage in sexual intercourse with another person by forcible compulsion; (4) the defendant subjected another person to sexual contact by forcible compulsion; (5) the defendant restrained another person; (6) the defendant subjected another person to sexual contact without the latter's consent; and in that the defendant intentionally, and for no legitimate purpose, (7) forcibly touched the sexual and intimate parts of another person for the purpose of degrading and abusing such person, and for the purpose of gratifying the defendant's sexual desire.

The offenses were committed under the following circumstances:

Deponant states that deponant is informed by an individual known to the District Attorney's Office that defendant

1) shut the door to the above location and prevented information from leaving the above location;

2) grabbed informant's breasts without consent;

3) attempted to pull down informant's pantyhose and forcibly grabbed informant's vaginal area;

4) forcibly made contact with his penis and informant's mouth twice and;

5) was able to accomplish the above acts by using actual physical force.
http://newsinfo.inquirer.net/breakingnews/world/view/20110517-336926/Charge-sheet-People-of-New-York-v-Strauss-Kahn

The charge sheet

http://publicintelligence.net/dominique-strauss-kahn-rape-sexual-abuse-criminal-complaint/

[Name removed]

1. Deleted message

Message removed by moderator. Click here to review the message board rules.

[sharp_stick]

3. I like it when people

here don't think the rule of law has any meaning. Perhaps waiting until the trial is over to hang the guy would be a wise idea?

[sufrommich]

10. People commenting on internet forums have no power to do

anything. They're just commenting.Justice will be served in a court.

[roguevalley]

12. I agree on trials but what he did engenders HUGE animosity and

blowing off steam on boards is a good thing. This man is so vile. I cannot believe what he did and he has the BALLS to say he's going for CONCENTUAL?! Try him, then hang him.

People at his level of power and money don't even see the faces of the people they hurt. She was just boobs and a butt to him. What a fucker.

[seabeyond]

22. i feel so good the way the police handled it. i feel so very good. proud of u.s.

finally, lol, on one thing anyway.

hopefully, they will not let us down, once money and power start talking.

[jberryhill]

13. The "rule of law" is the First Amendment...

And as I am neither the judge nor jury, I am perfectly entitled to hold and express an opinion on the subject.

[The Backlash Cometh]

18. For some people, the rule of law has no meaning.

I give high marks for the way that the law takes rape or sexual misconduct seriously. But now they have to do that with everything else that affects us, including conspiracy and fraud.

[kelly1mm]

20. Bushco has never been convicted of anything either. Can we discuss his crimes? nt

[snagglepuss]

21. There is nothing in the rule of law that prevents people from forming opinions.

Rule of law simply insures people who form opinions don't carry out vigilante justice.

[aquart]

2. And...?

Truly impressed that you seem to believe that accusation is all that is necessary for conviction.

[MineralMan]

4. The original poster said nothing about guilt. Only about

the charges. The charges are a matter of public record. Guilt is yet to be determined. Do you not think these are serious charges?

[Prometheus Bound]

5. Perhaps I should have written more to make my point.

The BBC says he is accused of assault.
AFP calls it attempted rape.
The Guardian calls it attempted rape and other criminal charges
AP/ABC call it sexual assault and attempted rape
AP/CBS call it attempted rape

Some on DU have called it attempted rape.

Many people and organizations seem to be downplaying the seriousness of the charges.

[jberryhill]

9. That's simply due to definitions which vary among categories and grades

Depending on the mechanics of the qualifying act, penal codes are all over the map on what label is assigned to it. There is not a whole lot of uniformity across penal codes on the various sets of acts and the label given to the offense.

In some jurisdictions, unconsented contact between the penis and the lips might be called one thing, and in other jurisdictions another. Whether there is penetration and/or force involved, the action might fall into another section with another name.

For this reason, some jurisdictions have eliminated the term "rape", and have a spectrum of "sexual assault" definitions.

Saying "He's been charged with nth degree sexual assault" is a statement that only makes sense if the reader knows the various definitions set forth in the NY penal code, which is unlikely for a general audience.

In your post, you use a number of terms like "oral rape" and then you say "oral sex". Again, depending on one's operative definition, a lot of people would understand that to imply some sort of penetration, while the summary of the deponent seems to indicate exterior contact. It's not that it makes some cosmic difference in terms of what was going on, but it can make a difference between various sections of the code under which it falls.

So what is your point? If you want to be "clear" on what the charges are, you might consider posting the definitions of the NY code sections:

http://www.slc.edu/offices-services/security/assault/Penal_Law.html

Note the following:

130.25 Rape in the third degree.
130.30 Rape in the second degree.
130.35 Rape in the first degree.
130.40 Criminal sexual act in the third degree.
130.45 Criminal sexual act in the second degree.
130.50 Criminal sexual act in the first degree.

If you are going by the NY penal code definitions, then he is not charged with any degree of "rape" as that term is defined in the code. So it is your use of the term which is technically inaccurate. However, it is not colloquially inaccurate to refer to all manner of sexual assault as "rape", but it is inaccurate under the NY penal code to state that he is charged with any degree of "rape".

[roguevalley]

14. they shouldn't. the charges are horrendous. I hope he's convicted.

that much trauma means lots of DNA and he's done this before. Someone said sex with him is like rutting with an agitated chimp. He's a long time abuser who has been enabled into this. Raise your hand if you at your job would agree to have anal and oral sex with a maniacal stranger?

[joeybee12]

15. No matter what they're called or defined...

they are all still "alleged." That's why we have trials.

[seabeyond]

19. i have been using assault because i was not sure of all involved. i was sure assault

was used, regardless of those that tell me i am not allowed ot draw a conclusion because he has not had his day in court

this morning, i listened to npr and the victims lawyer. he used the word rape. at that point i made the conscious decision that i was confortable from here on out, using the term rape.

see

i am being responsible.

[hifiguy]

25. Exactly

I have been confused as hell by the news reports I have read as to just what happened here as they have been all over the map. And being sufficiently confused, I do not feel as I have enough information to form any particular opinion on the matter. Working these things out is what courts are for.

[pnwmom]

11. And these are the charges. No conclusion necessary at this point. n/t

[seabeyond]

17. concluding from information gathered the man is guilty is not the same as day in court. and he will

have his.

[Historic NY]

6. Anyone know what DNA eligible means? Yes......

New York state has a law requiring the collection of DNA for the states database on certain misdemeanors convictions and these are some that are eligible. In fact 46% of all penal law offenses are eligible.

http://criminaljustice.state.ny.us/forensic/aboutofs.htm

[Prometheus Bound]

7. Thank you for that.

[Distant Observer]

8. Does anyone notice that the OP summary is DIFFERENT than the charge sheet

specifically, what the "deponant" states.

A bit naive perhaps, but I would expect the summary to have less information not more than what is charged, especially since these case are usually "over-charged" at first in order to put pressure on the defendant.

[Prometheus Bound]

16. I summarized the charges, not the circumstances.

[jberryhill]

23. Yes, but if you are looking for accuracy in reporting

The fact is that he has not been charged with any of the three degrees of rape in NY.

It's not like it makes a whole fat load of difference in any moral sense, but I'm confused about what it is that you would like papers in different places to say.

[October]

24. The OP listed both /nt

[Prometheus Bound]

26. Well I doubt if many people know he is being charged with forcible anal sex.

It's very rare to find an article that mentions that. Most just say he is accused of sexual assault. But here are some definitions of sexual assault.

Sexual assault can include child sexual abuse, rape, attempted rape, incest, exhibitionism, voyeurism, obscene phone calls, fondling, and sexual harassment.
http://www.commerce.wa.gov/site/261/default.aspx

Sexual assault takes many forms including attacks such as rape or attempted rape, as well as any unwanted sexual contact or threats. Usually a sexual assault occurs when someone touches any part of another person's body in a sexual way, even through clothes, without that person's consent.
http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32369

Sexual assault is defined as any sexual behaviour that makes a person feel uncomfortable, frightened or threatened. It is sexual activity to which a person does not consent.
http://www.thewomens.org.au/sexualassault

So my point is that the term is so vague that it is meaningless to most people. How many people know that the charges involve forced anal sex? Not many I bet. So why are newspapers and people here so reticent to say forced anal sex or anal rape. Is it because it is too horrible to contemplate or is it ignorance of the charges?