Dominique Strauss-Kahn, the former head of the International Monetary Fund (IMF), was arrested in May 2011, for allegedly sexually assaulting a hotel housekeeper in his New York Sofitel hotel room. Strauss-Kahn pled not guilty to seven charges, including attempted rape, a conviction of which carries a 10 year prison sentence in New York. He was released from house arrest on Friday July 1, 2011, on his own recognizance. Although prosecutors made no attempt to oppose the release, they have retained his passport.
The Manhattan prosecutors acknowledge that they do have evidence to support the rape accusations made by the housekeeper that Strauss-Kahn forced her to perform oral sex. They are getting ready to make a decision whether or not they are going to drop the case against Strauss-Kahn. The housekeeper admitted to prosecutors that she lied about what the details after the alleged rape incident. She initially said she waited in the hall after the attack until after Mr. Strauss-Kahn left his room. She then admitted that she cleaned a room nearby and then returned to clean Mr. Strauss-Kahn’s room. After that, she said she reported the incident to her supervisor.
Prosecutors informed Mr. Strauss-Kahn’s attorney’s by letter that the housekeeper made up the charges with the help of a male who gave her a cassette recording that she memorized. She also admitted that she had never been a victim of gang rape in Guinea. In addition, she admitted to falsifying her income in order to qualify for housing and declaring a friend’s child and her own child as dependents on tax returns to get an increased amount on her tax refund. Prosecutors have informed the Judge that the credibility of the housekeeper has been compromised as a result of her history of lying, and that it will be difficult to get a jury to believe her even if she is telling the truth about the rape.
Mr. Thompson, the attorney for the housekeeper, admits that she lied, but he insists that she was attacked and her testimony of the incident has not changed. He explained the fact that she cleaned a room after the incident occurred because she was confused and upset about what happened to her. Mr. Strauss-Kahn has maintained he is innocent of any wrongdoing. Prior to this incident, Strauss-Kahn was viewed as the top contender for the French Presidential race next year. Strauss-Kahn recently said: “media speculation that he might run is simply absurd.” Meanwhile, the only two people who really know what happened in that hotel room are Mr. Strauss-Kahn and the housekeeper.
If you have been arrested for attempted rape, this is a very serious offense. You should hire a criminal defense attorney immediately to represent you. Depending on the evidence the prosecutor has and the circumstances of the case, your attorney can argue that the sex was consensual, or that there was insufficient evidence or mistaken identity to get the charges dismissed against you.
Homicide numbers are jumping at startling rates this month. All five boroughs are reporting drastic increases in gang activity and domestic murders. Shootings in general resulting in serious injury are up over 25% this year from 2009.
Last year New York had the lowest murder rate in history. Now a few short months later it seems shootings are at an all time rise. NYPD feels as if their big success is losing ground.
Fellow New Yorkers sense the rise has to do with smaller police divisions and less officers on the streets. This is of course responsibility to the top secret terrorism operations needed in order to protect New York City. Economic times and lack of police funds this year is another reason for increased violence. Police officials claim more funds are being cut and may only worsen the effects in the city with fewer officers out on the streets.
Police officials have long credited the dramatic drop in crime last year to Operation Impact. A scheme when rookie NYC officers are sent out in uniform, in crime prone neighborhoods. With more police presence it is thought crime numbers would lessen. This theory seemed proven true until the past few months. Murder numbers are especially high in domestic related situations. Operation Impact is not meant to discourage such violence, but for gang related crime.
With the sudden surge in crime throughout the city, the NYPD will be bringing on officers from borough task forces to supplement the efforts in intense crime areas.
Jermaine Ruiz 24 of Brooklyn, according to the Huffington Post, is an example of domestic related homicide issues in NYC. He was charged with three counts of murder in the stabbing deaths of his girlfriend, Jessica Ybe, 22, and her 2 and 5 year old daughters. Neighbors said he asked where he could “dispose of heavy garbage that smells badly” (NY Daily News). He confessed to the murders and his own father called NYPD on him. They had 2 other children together who were unharmed and being watched by their grandparents.
The public defenders office has been assigned to Mr. Ruiz as counsel. While no private Attorney has been assigned to this case, he will need a very good Criminal Law Attorney in order to begin a defense with a promising outcome.
NYPD needs to come up with a plan for crime situations such as these. Everyday we hear about children being murdered or sexually abused by relatives or family friends. Gang violence has always been a threat for the city but now their focus needs to shift gears. Tougher enforcement on domestic violence and protection orders is needed. In the end it may result in saving a lot of lives.
By: Edward Martinovich, Esq. and Ariella Rosenberg
Convicted sex offenders in Binghamton, New York could risk re-arrest if they pull off the highway to a gas station or stop for a cup of coffee. How can this occur, you wonder? The New York legislature just passed a new law that makes it illegal for convicted sex offenders to live, work, or even drive in the city. Binghamton, NY is not unique in the passage of such laws. The goal of these types of laws is to restrict the offenders ability to live in or pass through local communities; communities within which women and children reside. The emotional tension runs so deep that when one local community passes such a law, the neighboring communities do the same. The end result is few if any communities remain where a convicted sex offender can put down roots and continue his rehabilitation while out on parole. Thus, it is very important for one who has been convicted of a sex offense to know and understand the many laws that affect his life and his movement.
Criminal records can have a profound and lasting effect on an individuals life, be it on an employment application or in a background check, or by someones prying eyes looking at them on the internet. Even without a conviction, a criminal record often reveals any arrest or citation, despite the fact that the accused may have been acquitted of the crime in question or the case may have been dismissed. To address the harsh consequences of this situation, New York State has incorporated the process of expungement into its criminal code.
Expungement generally is used to describe the process by which some convictions can be dismissed or some criminal records can be sealed. When a criminal record is sealed pursuant to a court order, the effect of the sealing is that the general public cannot access the record. However, sealed records may be used by government agencies when background checks are performed for government jobs or when law enforcement agencies are investigating criminal allegations. Thus, even in cases where a sealing is ordered, it is not sealed for all purposes. More importantly, the rules change when a juvenile (under 18 year old) is involved versus when an adult criminal record is involved. Sealing in the juvenile court is not commonly referred to as expungement.
Further, although a conviction may be changed to a dismissal as a result of the expungement process, the words on the record may still remain. Thus, the arrest and the dismissal may still appear when the individuals criminal background check is run.
Moreover, the rules and requirements of expungement, and even the very definition of expungement, vary from state to state. This article is devoted to the New York State provisions of expungement as they specifically relate to sex offense convictions. For issues arising outside the state of New York, and for answers to legal questions in all states, it is always advisable to contact an attorney licensed to practice law in the state at issue and experienced in the subject matter of the inquiry.
Juvenile offenders in New York can be as young as 13 years old, when they are alleged to have committed the most serious of crimes (i.e., 1st degree murder). Youthful offenders are at least 16 and less than 19 years old. Every youth is eligible except in certain circumstances. It is a determination of the court to decide whether a youth will be treated as a youthful offender and will be granted a youthful offender sentence. When a youth receives youthful offender adjudication, it is a substitute for a criminal conviction. See NY Criminal Procedure Law Section720.10. However, in situations where a youth has been convicted of rape in the first degree, sodomy in the first degree or aggravated sexual abuse, the court must consider a number of factors before youthful offender treatment is granted. These factors are: (i) mitigating circumstances that bear directly upon the manner in which the crime was committed; or (ii) where the defendant was not the sole participant in the crime, the defendant’s participation was relatively minor although not so minor as to constitute a defense to the prosecution. Where the court determines that the eligible youth is a youthful offender, the court shall make a statement on the record of the reasons for its determination, a transcript of which shall be forwarded to the state division of criminal justice services, to be kept in accordance withthe executive law. NY CPL Section 720.10(3).
In cases where a defendant is granted youthful offender status, all records are automatically sealed upon adjudication. See NY CPL 720.35. This provision exists to insure that young offenders do not carry the stigma of a criminal record with them throughout their lives.
N.Y. Crim. Proc. Law 720.15(1) provides generally for the sealing of records involving juvenile offenders and youthful offenders, and for the privacy of the proceedings conducted against these younger offenders.
The sealing of all records in a criminal case, including those involving sexual offenses, occurs when the outcome of the case is favorable to the defendant, that is, when all of the charges have been dismissed, where there has been a complete acquittal, or where there has been an overturning of the judgment of conviction after an appeal or other court order. NY CPL 160.50. In such cases, the defendant has the right to the sealing of every photograph, all fingerprints and palm prints, and all official records and papers. See NY CPL 160.5 (1) (a-e).
Much more difficult than cases of acquittal is the possibility of expungement where an actual conviction has been entered. In cases where there is a conviction for an infraction or a violation (not a misdemeanor or a felony), except the violations of loitering and driving while impaired, the sealing of records is permissible. See NY CPL 160.55. There are certain instances where a misdemeanor conviction may be reduced to a violation after the period of probation is over and all the terms are completed. If this occurs, then the sealing of records will also occur pursuant to law.
There are certain sexual offenses that are defined as misdemeanors (and not felonies) by New York State. These include sexual misconduct, defined as sexual conduct with another person without their consent and sex with animals and dead human bodies (NY Penal Law Section 130.20); forcible touching, defined as intentionally, and for no legitimate purpose, forcibly touching the sexual or other intimate parts of another for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire (NY PL130.52); sexual abuse in the third degree, defined as sexual contact without consent (NY PL130.55); and sexual abuse in the second degree, which is sexual contact with a person incapable of consent or of a minor under 14 (NY PL 130.60). There may exist situations where these can be reduced to violations; however, in all motions to reduce the charge the prosecutor may oppose the motion. Further, even in cases that are reduced to violations and thus are technically appropriate for sealing, the prosecutor can also present arguments to the court as to why the interests of justice demand that the records not be sealed. Therefore, in practical application, in cases originally involving misdemeanor sex offenses, the expungement or sealing of the records may not occur.
Further, in cases where there is a conviction of a felony sexual offense, the possibility for expungement is even more limited. Expungement is usually only available if one has received a pardon from the governor.
As one can see from the brief discussion herein, the law and procedure governing the expungement or sealing of records in New York is quite complex and involves more exceptions than rules, especially in matters involving unlawful sexual conduct. Thus, it is always good judgment to seek the advice and counsel of an attorney licensed to practice law in New York State, and one experienced in the area of criminal law generally and sex crimes more specifically. If you think that your case may be eligible for expungement, contact an attorney. Expungement does not occur automatically. It requires in most cases a written motion or application pursuant to stringent legal requirements. To promote ones individual rights, you must be proactive in seeking legal guidance to ensure the best possible chances of clearing your record.
