Mock courtroom argument cites alleged non‑consensual oral sex case involving 'DSK' and compares to Mike Tyson rape trial

4.2.12 WC: 191694 This corroborative evidence includes the location of the DNA in the room and on her undergarments; the shoulder pain she reported to the doctors; the time sequence; the absence of evidence that she knew who DSK was at the time of the encounter; and a comparison between the two participants, in terms of their ages, appearances, status and what each had to gain or lose by a consensual sexual encounter in that room. When you consider the totality of the evidence and arguments offered in this case, I am confident that you will have no reasonable doubt that the oral sex in this case was not consensual. After hearing this “mock” argument, many of the students concluded that the D.A. acted harshly in dismissing the case. Most believed that this was a case in which both the woman and the man had lied, but that the man’s lies were far more relevant than the woman’s on the issue of consent. By any objective standard, the case against DSK was far stronger than the case against Mike Tyson, since there was far more corroborative evidence in the former than in the latter. Moreover, Tyson’s alleged victim was caught in a series of lies that directly related to her account of the alleged rape and her motive for bringing the charge. Yet Tyson was convicted and the case against DSK was dropped. Such are the vagaries of rape prosecutions in which objective truth can rarely be established because when it comes to sex both men and women often distort reality. Male “Victims” Lie Too Early in my career, I learned that men also lie, both as defendants and as alleged victims in rape cases. One such case took place in Provincetown, Massachusetts. A young woman who was related to an associate of one of my legal colleagues was engaged to a man and they were vacationing together in Provincetown. The man went out for a stroll and came back several hours later upset and disheveled. His fiancé asked him what happened and he told her that he was invited to go on a boat ride with a group of guys and one of them proceeded to rape him while the others did nothing to stop him. He described the rapist as a black man wearing a shark tooth around his neck. He reported the alleged rape to the police who immediately issued an all points bulletin describing the alleged rapist. The police interrogated the alleged victim, who persisted in his description of the sexual encounter as rape. His fiancé called my colleague and asked her to advise him. She sought my assistance. We went to the police station where we observed the police interrogation of the young man. As experienced defense attorneys, we soon became suspicious of his story, but we couldn’t be sure. My colleague asked to be alone with her client and questioned him about the circumstances of the encounter. Eventually the young man broke down and admitted that he had consented to the sexual encounter. He confided in her that he was uncertain about his sexuality, that he was about to be married, and that he wanted to test his attraction to men. He was ashamed of what he had done and didn’t want his fiancé to find out, because he was afraid it would end their engagement. 249 HOUSE_OVERSIGHT_017336