Nafissatou Diallo, a 32-year-old Guinean immigrant, has filed a civil law suit against former IMF head Dominique Strauss-Kahn on august 8, 2011. (Above) Diallo speaks at a press conference on July 28, 2011 in Brooklyn, New York.
While her criminal case still hangs in the balance, Nafissatou Diallo, the Sofitel employee who has accused Dominique Strauss-Kahn of sexually assault on May 14, filed a civil lawsuit in Bronx County Court on Monday, seeking unspecified monetary damages not only for a "violent and sadistic attack" but "intentional infliction of emotional distress," according to the complaint. The 16-page document details a brutal assault, offering some new details and fresh accusations.
The complaint alleges that bloody tissues were found in the Sofitel hotel suite along with Strauss-Kahn's semen, which Diallo has said she spit onto the floor and the wall after Strauss-Kahn forced oral sex on Diallo. The document also says that Diallo suffered a tear to her shoulder, along with bruising when Strauss-Kahn allegedly grabbed her groin area, that were documented by medical staff.
But while the details of the court document are compelling, the timing of the lawsuit is unusual, because civil complaints almost never get filed while criminal charges are still pending. "If they have any hope for the prosecution going forward and resulting in a conviction, then it's a very foolish move," says Bob Bennett, a former federal prosecutor and defense attorney who represented Bill Clinton against Paula Jones' sexual-harassment suit. "This just confirms the theory of the defense that this is just all about money. What better evidence than the fact that she filed a suit for money?"
In early July, Judge Michael J. Obus vacated Strauss-Kahn's original bail agreement after prosecutors admitted that their case had been weakened due to questions about Diallo's credibility. In the weeks since that hearing, Ken Thompson, one of Diallo's attorney, has been critical of the district attorney's office and encouraged them to proceed with the case. Thompson included a salvo against the D.A.'s office in the civil complaint, saying, "There have been leaks to the news media of false information about Ms. Diallo, apparently by members of the Manhattan District Attorney's Office, that have severely damaged Ms. Diallo's credibility, reputation and character."
If Thompson's intends, by alleging leaks from the D.A.'s office, to pressure prosecutors to proceed with the case, he may be hurting his own cause. "If it were dropped, you would have a perfect opportunity to stand up and say, 'She's not getting any justice in our criminal courts. We have no choice but to file civilly to try to get justice,"' Bennett explains. "They can't make that statement now."
Another explanation for the timing of the lawsuit could be that Diallo's lawyers are hedging against the possibility that prosecutors could drop the lawsuit, allowing Strauss-Kahn to return to France. While Judge Orbus vacated Strauss-Kahn's bail, he ordered that the court retain the defendant's passport and that Strauss-Kahn not leave the country. For nearly a month, Strauss-Kahn and his wife, Anne Sinclair, have maintained a low profile in the town house on Franklin Street in downtown Manhattan where he was under house arrest, except for a trip to the Berkshires in mid-July, according to the New York Times.
A civil lawsuit alone, however, would probably not be enough to keep Strauss-Kahn in the United States. Should the charges be dropped and the civil lawsuit proceed, it is possible that Strauss-Kahn could return to France and allow his lawyers in the United States to handle the suit in his absence. In order to freeze any assets over which the court has jurisdiction, Diallo's lawyers would have to convince a judge that such an extraordinary move was completely necessary, which would be difficult.
Any discussion about what might happen should criminal charges be dropped is, at this point, pure speculation. The Manhattan District Attorney's office has been quiet, beyond saying that they are investigating all aspects of the case. The next court hearing is scheduled for August 23, at which point it's likely that prosecutors will announce their intention to pursue the case or drop the criminal charges. One thing that's clear from this latest development: Diallo has grown tired of waiting.