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What Was the Problem With the DSK Indictment?

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I agree with Nocera:

For the life of me, though, I can’t see what Vance did wrong. Quite the contrary. The woman alleged rape, for crying out loud, which was backed up by physical (and other) evidence. She had no criminal record. Her employer vouched for her. The quick decision to indict made a lot of sense, both for legal and practical reasons. Then, as the victim’s credibility crumbled, Vance didn’t try to pretend that he still had a slam dunk, something far too many prosecutors do. He acknowledged the problems.

Lévy, himself a member of the French elite, seems particularly incensed that Vance wouldn’t automatically give Strauss-Kahn a pass, given his extraordinary social status. Especially since his accuser had no status at all.

But that is exactly why Vance should be applauded: a woman with no power made a credible accusation against a man with enormous power. He acted without fear or favor. To have done otherwise would have been to violate everything we believe in this country about no one being above the law.

[…]

The point is this: We live in a country that professes to treat everyone equally under the law. So often we fall short. The poor may go unheard; the rich walk. Yet here is a case that actually lives up to our ideal of who we like to think we are. Even the way the case appears to be ending speaks to our more noble impulses. Vance didn’t dissemble or delay or hide the truth about the victim’s past. He did the right thing, painful though it surely must have been.

To judge by his recent writings, Bernard-Henri Lévy prefers to live in a country where the elites are rarely held to account, where crimes against women are routinely excused with a wink and a nod and where people without money or status are treated like the nonentities that the French moneyed class believe they are.

I’d rather live here.

I’d also add that while the DA does seem to have found reasons to question the complainant’s account of the rape itself, the initial details published by the Times might have might it harder to get a conviction but were neither here nor there in terms of DSK’s innocence. At any rate, the indictment was proper and (assuming that the DA has uncovered real problems with the complainant’s story) the dismissal was proper.

For a final note, Amanda Hess has a useful roundup of mostly bad and occasionally good media reactions.

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