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(原文發表於2011年5月25日)
Yesterday NY Times reported that semen was found on the clothes of the hotel maid. Both the prosecution and defence claimed that the result was consistent with what the prosecution alleged had happened, attempted rape and the defence's claim, consensual sex. Semen found on the clothes of the alleged victim is neither here nor there. At most, it can only negate the defence of a complete denial, which is obviously not the case as the defence suggested to the press earlier on. Despite the "neutral" result of the DNA test, Dominique Strauss-Kahn (DSK) is still facing an uphill battle to clear his name if his notoriety has not tarnished. I do not know if the maid put up any struggle resulting in any injuries inflicted. If there were such injuries, DSK's fate is gloomy. To the detriment of DSK, it is difficult to persuade the jurors why the maid had to complain to the hotel staff and call the police if what took place was consensual. Also, why he fled right after the incident. From what was reported, I can see the demise of DSK is impending if he has not yet fallen from grace. The case hinges on the credibility of the victim. If she is unshaken under vigorous cross examination, the convictions are not difficult to reach. Given the whole circusmstances of the case, the veracity of the victim's account will not cast any doubt in my mind. The report said DSK may face up to 25 years for the offences. I did not check the US statues. I presume it is the maximum sentence for the attempted rape. In Hong Kong, rape is a charge under section 118 of the Crimes Ordinance Cap 200. It carries an imprisonment for life. My vague impression of the norm is a sentence in the region of 6 to 8 years. There was in fact a case involving the defendant, despite his guilty pleas, was sentenced to life imprisonment with a minimum term of 18 years. The facts of the case were very nasty. In March 2008, the defendant broke into a flat. He threatened the female inside, tied her up and blind folded her and then raped her. In June 2008, the defendant again broke into another flat and found two women there. The younger one was the daughter-in-law. The defendant tied up, blind folded and raped the daugher-in-law. Suffice it to state the facts with brevity without going into gruesome details (HKSAR v Chan Li-fat(陳利發)CACC308/2009). The defendant was subsequently arrested and brought before the late Judge Colin Mackintosh (Colin was a brilliant man well liked by prosecution and defence. He died of brain cancer on May 7 2011). (I can send you the appeal judgement if you want to see the justification of the life sentence). A case of rape like this is worse than murder. The traumas suffered by the victims can be life long. Minimum sentence of 18 years, though a long sentence, is already too lenient for the defendant should he be repentant. If I can take the law in my own hands, I will certainly remove his male prowess and skin him alive. |
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