A diplomat to the UN has evaded a rape charge in New York City because of diplomatic immunity.
Despite facing accusations that he raped a neighbor, Charles Oliha, a 46-year-old South Sudan diplomat accredited to the UN, was reportedly released by the New York police department (NYPD) on the grounds of diplomatic immunity, the agency’s intelligence bureau confirmed to the New York Daily News.
At 11pm local time last Sunday, a woman accused Oliha of forcing his way into her apartment and raping her twice.
The woman alleged that earlier that day Oliha, who lives in the same building as her, followed her into her apartment unit and sexually assaulted her.
The woman reported the alleged attack to police after a friend urged her to do so. She went to New York-Presbyterian Hospital in the Washington Heights neighborhood to undergo a medical evaluation.
Officers took Oliha into police custody, but released him after verifying his diplomatic status.
City officials have said they are investigating Oliha, adding that the US state department has the ability to revoke diplomatic status.
“This remains an ongoing investigation,” the NYPD’s deputy commissioner, Julian Phillips, said, noting that it was a “state department matter”.
New York City’s mayor, Eric Adams, also commented on Oliha’s arrest and subsequent release, saying that an investigation was under way.
The mayor further said that “sexual assault of any kind should never be tolerated”.
Stéphane Dujarric, spokesman for the UN secretary general, said: “We are aware of this report, which is very concerning. Any case of alleged sexual assault needs to be fully investigated.
“This particular case involves a member of the Permanent Mission of South Sudan who is not a staff member of the United Nations. This is a bilateral issue between South Sudan and the US authorities,” Dujarric added. “We will continue to follow the situation.”
Outrage among sexual violence advocates has been swift following news of Oliha’s release.
“It’s incredibly disturbing that someone who is accused of rape cannot be held accountable no matter what the facts,” the director of the Women’s Equal Justice project, Jane Manning, said to the New York Post.
Manning, a former sex crimes prosecutor, called for a thorough investigation into the allegations.
The chief executive officer of the victims advocacy non-profit Safe Horizon, Liz Roberts, told the Daily News: “The fact that diplomatic immunity takes precedence over justice for the survivor of this sexual assault is incomprehensible. We join with all survivors in demanding accountability and a complete investigation of this incident.”
While crimes committed by diplomats are rare, diplomats have previously used their immunity status to evade prosecution.
Diplomat Hassan Salih was released by police in 2017 due to his immunity status after being arrested for groping a woman in a bar.
This article was amended on 24 August 2022 to remove the incorrect description of Charles Oliha as a UN envoy
