Res Ipsa wrote:
It's not entirely clear to me the complete mechanics of that allegation from the summary of the victim's statement on the charge sheet. Having looked at the relevant criminal code, it would be inclusive of external contact between the lips and the penis, which I have accounted for in her having fallen while he is trying to restrain her for the purpose of recovering his wallet. Since their intentions and states of mind were not adequately communicated or mutually understood. He perceives accidental contact between her mouth and his penis during the encounter in which he is attempting to ascertain the location of his wallet on her person, and she perceives forced contact for the purpose of forcible oral sodomy.
Disclaimer to all of the continuing graphic nature of this discussion. There's no other way to talk about sexual assault cases. It is a publicly known fact, reported in the media, that she accuses DSK of forcing her to perform oral sex on him to the point of ejaculation. It's also publicly known that she then spat on the carpeting where this took place. It is not physically possible for such an act to take place, followed by his ejaculating, through "her having fallen." I realize there are millions of men out there who have actually claimed to their furious girlfriends or wives that they slipped, fell, and accidentally had intercourse with some floozy at work, but I've never actually seen that argument work.
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In the "oops not a hooker" scenario, he had specifically requested someone to engage in that type of role play. There is the report of the NY madam who had sent him escorts in the past who reported that he engaged in rough escapades that inclined them not to meet with him again.
His defense for raping a woman will be that he erroneously thought she was a prostitute who kind of wanted to be raped anyway, and therefore he's not guilty? Stupidity is not a defense to a specific intent crime.
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Two of the headline charges are for criminal attempt, in which state of mind is critical. The other charges less so. However, and maybe I need to look again, it was not clear on my reading of the charge sheet that she necessarily described "giving him a blow job" as that phrase might normally be interpreted. Both insertion and completion seem to have been assumed in commentary on the story, but can we pin down where those details came from?
As I said above, the State has disclosed that she told the police that semen would be found on her person, and on the carpet where the forced oral sex took place. The allegations clearly include her accusation that she performed oral sex on him, to completion, against her will. We all know that this is not an instantaneous act that would take half a second, such as by an "accidental fall of her mouth atop his coincidentally erect penis." This took place after he chased her around the suite, at one point partially grabbing her and causing her clothing to be torn.