Thursday, May 19, 2011

Strauss-Kahn may face civil suit for alleged assault

In theory the suit could target the IMF and the hotel, but legal experts said it would be difficult to assign civil liability to anyone other than Strauss-Kahn.
Jeffrey Shapiro, the maid's lawyer, told Reuters "there has been no discussion" of a civil lawsuit.
"It's not contemplated and it's not been discussed," he said. "I'm helping her get through each day."
Strauss-Kahn, known for his lavish lifestyle and the multiple million-dollar homes he shares with his wife, is seen as an ideal target in any potential suit.
"If it's found that the attack occurred, the case is worth well over a million dollars," said Jonathan Damashek, a personal injury attorney who has represented rape victims.


Damashek, a partner at the law firm Hecht Kleeger Pintel & Damashek, added that the maid, a resident of the Bronx, could win more damages if she files a case in her own borough rather than in Manhattan, where the alleged incident occurred.
"A Bronx jury will be more sympathetic to what happened to her," said Damashek.
A criminal case requires proof beyond a reasonable doubt. By contrast, the victim in a civil case involving a sexual assault only has to show that the assault occurred by a preponderance of evidence -- or more than half.
Even with this lower standard, plaintiffs in civil cases involving sexual assault charges face other challenges.
'IN-IT-FOR-THE-MONEY' DEFENSE
"Every single case has a built-in 'they're in it for the money' defense that civil litigators have to deal with," said John Clune, an attorney with the Victim Justice law firm, which represents victims of sexual assault.
In sexual assault cases involving high-profile figures, related civil litigation frequently follows the criminal investigation. In 2005, professional basketball star Kobe Bryant settled a civil lawsuit related to allegations that he raped a 20-year-old woman after prosecutors dropped a criminal investigation. Details of the settlement were kept private.
In addition to seeking money damages f ... (reuters)

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