Legal Comments on IMF “Attempted Rape Case” including NY Sex Assault Law


Q.Who is the victim?
A. The victim of the alleged nude attacking IMF banker was a 32 year old African women, a single mother, 6 feet tall who has worked for approximately 4 years for an annual stipend of $22-23,000.

Q. What do you think will happen to the chambermaid forced to fellate the IMF Frenchy?
A. If this follows the Kobe-Bryant scenario, she will be paid off and then refuse to testify for the prosecutor. I would instead suggest that she press her case and sell her story to the press; her take for the forced slurpy could run many millions. Photos of her posed with a banana to aid in describing the assault and the size of the penetrator will yield millions more from the world press then the Frenchman’s Euros. This way the alleged s.o.b would be forced to seek retribution as Bubba butt meat in the lovely N.Y. prisons. No doubt a million dollar offer from Playboy or others for a posed session will help satisfy the victim and probably have already been forwarded to her legal council.

Q. Will the defendant stay in jail or be bailed out?
A. No doubt the Frenchy will be bailed out shortly and back in the hotel with an radio-active ankle bracelet, otherwise he will be as free as ass wind if he behaves himself and does not try to leave the juris-dick-tion.


Q, What are the actual charges?
A.I have not seen the actual charges and the news media have offered different charges in different newspapers for Strauss-Kahn. It is common for the DA to rewrite the charges after the initial magistrates hearing.

Q. Is there a way to prove premeditation on the part of the hard-on?
A. If the sperm sample or blood sample contains the chemical constituents of Viagra, Cialasi or other agents that might help a 62 year old maintain his baton, those chemicals must be absorbed from 15 minutes to an hour before hand, evidence that the dickwad was planning his assault and that it was not a moment of uncontrollable urge. Premeditation is not a requirement for a sexual assault but might curb a reduction of felony under certain circumstances.

Q. Does NY law include forced fellation as a rape?
A. Apparently forcing some one to bite the wiener is not enough to constitute a rape or attempted rape charge, rape must involve sexual vaginal penetration or its variants of vaginal intercourse, although one might argue that oral penetration would qualify. When the sex code was amended, it carried some of the older definitions with it and mixed in some new statutory law. For this reason we may see the rape charge substituted with a charge of sexual assault. Additional charges of sexual abuse, forcible touching, and unlawful imprisonment may be added. Most likely the charge of committing a criminal sexual act which in a New York State of mind constitutes any nonconsensual act of oral or anal sex.

Q. What are the penalties the alleged sex offender faces?
A. Both first-degree rape and first-degree criminal sexual act carry a maximum sentence of 25 years in prison.

Q. Anyway this pirate can claim immunity.
A. As sexual predatory behavior is not part of IMF duties, it is questionable that there will be a successful attempt to clear the alleged IMF boss with a claim of immunity. Let us hope this alleged jerk gets his cum-euppance!

Q. What is the chance that they will convict this dental penisist?
A. If this guy cums as fast as he leaves town, then they probably have a mouthful of French champagne d’ sperm. Reports of blood on the bed, not virginal blood but either the victims or the defendants resulting from the struggle for oral achievement. Fingernail scraping from both parties will add to the victims testimony, also a detailed description of the oral probe, alla Mickey Jackson’s palomino, will add to the evidentiary treasure chest.

Lets look at a brief condensed version of the actual code provisions.
15.01 Sexual Assault is defined as an act when a person performs, or compels another person to perform, any sexual act, including but not limited to sexual intercourse, without the victim's consent.

15.02 Attempted Sexual Assault is when a person intends to commit sexual assault and engages in conduct that would lead to it.

15.03 Rape is a specific kind of sexual assault. It is when a person has vaginal, oral, anal, or urethral penetration with any body part or "foreign object" without the victim's consent.  Lack of consent may also result from intimidation (due to, for example, the aggressor's language, size, or threatened or actual force) that silences the victim by inducing fear or being further assaulted. Any person accused of rape will automatically and concurrently is charged with attempted rape, sexual assault, and attempted sexual assault

15.04 Attempted Rape is a specific kind of attempted sexual assault. It is when a person intends to rape and engages in conduct that leads to rape, but fails to have "intercourse" with the victim. Any persons accused of attempted rape will automatically and concurrently be charged with sexual assault, and attempted sexual assault.
“Sexual conduct” means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact. (Eff.11/1/03,Ch.264, L.2003)

§130.20 Sexual misconduct.
A person is guilty of sexual misconduct when:
1.He or she engages in sexual intercourse with another person without such person’s consent; or
2.He or she engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent; or (Eff.11/1/03,Ch.264,L.2003)
§130.50 Criminal sexual act in the first degree.
A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person: (Eff.11/1/03,Ch.264,L.2003)
1.By forcible compulsion; or
§130.52 Forcible touching.
A person is guilty of forcible touching when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire.
For the purposes of this section, forcible touching includes squeezing, grabbing or pinching.
Forcible touching is a class A misdemeanor.(Eff.11/1/03,Ch.264,L.2003)
§130.65 Sexual abuse in the first degree.
1.A person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact:
(a) By forcible compulsion; or
Possible Penalties for Sexual Assault Offenses
The New York State Penal Law provides for the following possible penalties for the various classifications of sexual assault offenses:
Class B Felony - Imprisonment for 5 to 25 years
Class C Felony - Imprisonment for 3 1/2 to 15 years
Class D Felony - Imprisonment for 2 to 7 years
Class E Felony - Imprisonment for 1 1/2 to 4 years
Class A Misdemeanor - Imprisonment for up to 1 year
Class B Misdemeanor - Imprisonment for up to 3 months



-- Modified on 5/17/2011 10:18:08 AM