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The Cosby Case made me wonder about the Kavanaugh Case

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posted on Sep, 25 2018 @ 03:01 PM
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Watching the Cosby coverage the last few hours, one thing that has struck me has been the repeated references to the #MeToo movement, and specifically the reference to their goal to have statutes of limitations on sex crimes lengthened or completely removed. Rape in particular is a horrendous crime. Many would argue it's on the same level as murder. I'm not going to debate that. I will say that violent crimes like rape or aggravated sexual assault should have much longer statutes of limitations at least. In some states it's as few as 5 years.

The prosecutors, pundits, anchors, almost universally, in talking about the Cosby case, keep saying that justice has been done, at least for this victim. They made the point that many of the victims will never see justice for their cases because the statute of limitations have passed since their alleged incidents with Cosby. The repeated references to the statute of limitations reminded me of the Kavanaugh case because there is no statute of limitations on felony sexual charges in Maryland, where the alleged incidents with Judge Kavanaugh supposedly took place. This means Kavanaugh's alleged victims can still file charges, despite the incidents they claim having happened decades ago.

It honestly makes me wonder what the motivations are when no charges have been filed. Are we after justice, or just trying to keep Kavanaugh off the SCOTUS?

I will take this opportunity to point out, as I have in several threads, that the FBI has no jurisdiction to investigate the claims against Kavanaugh. The only reason they investigated Anita Hill's claims was because she was a federal employee. If the alleged victims of Kavanaugh, their laywers, and the Democrats in the Senate truly want an investigation, they should be urged to file charges in Maryland, where they actually have jurisdiction over the crime and an investigation would begin.

Please see here.


Ms. Blasey Ford and Senate Democrats have said they want the FBI to investigate her allegations before a hearing takes place, saying the federal agency is in the best position to get to the truth of the matter.

But the Justice Department has shot down that suggestion, saying attempted sexual assault is not a federal crime and there are no national security implications.

The department also points to a 2010 memorandum of understanding between then-Attorney General Eric H. Holder Jr. and former White House Counsel Bob Bauer laying out a specific role for the FBI in background investigations, gathering information for the use of politicians and other decision makers.


The FBI's role in their background check investigation is not to investigation criminal allegations. They merely note whether the subject of the background check investigation has any criminal convictions.

Also:


Maryland Democrats have demanded Gov. Larry Hogan, a Republican, order state police to investigate. State Sen. Cheryl Kagan, who represents part of Montgomery County, said the governor “must step up where members of your party on Capitol Hill fell down, and direct the Maryland State Police to initiate an investigation.”

The governor told reporters last week he wouldn’t order a probe, and state police spokesman Ron Snyder said the department would kick any request for an investigation to the county police under a memorandum of understanding that requires sexual assault claims in Maryland to be probed by the local authorities.

Mr. Snyder also confirmed that no complaint has been filed with the Maryland State Police.


So the only demands for an investigation so far have been made to law enforcement bodies which have no jurisdiction, and many of the people making these demands (the lawyers, the lawmakers) are completely aware of these facts, yet continue to demand investigations that they know will never take place. It's not a matter of Trump or Republicans stopping the investigations, there are already laws and policies in place which prevent this. There is still an avenue for them to pursue an investigation, but the alleged victims and their lawyers won't file charges with the appropriate authorities and none of the Democrats, to my knowledge, have urged them to do so.

Also note:


Legal experts said police could look into the allegations without a complaint, but such situations are rare.

“As a practical matter, it is unusual for the police to investigate a crime with victimization where the victim does not fill out a report,” said Robert Weisberg, who teaches criminal law at Stanford University. “If they don’t have enough evidence and the key witness isn’t very cooperative, there is little they can do. It’s not a comfortable situation to force a victim to testify.”

Montgomery County Police acknowledged as much in its statement.

“Typically, in a sexual assault case, the cooperation of a victim or witnesses is necessary,” the statement said. “As with any criminal investigation, a determination must be made as to the jurisdiction where the alleged offense occurred and the specific details of the event to establish a potential criminal charge.”


The authorities could begin an investigation on their own, without charges filed, however they would need more information. As we may recall, Dr. Ford wasn't even able to specify where this happened. The local authorities then can't even make a determination of which department should proceed. And without her cooperation, what avenues of investigation are they supposed to pursue?

File charges. Unless this is just about the SCOTUS nomination.


EDIT TO ADD ALLEGATION AND RELEVANT STATUTE:

While his friend watched, she said, Kavanaugh pinned her to a bed on her back and groped her over her clothes, grinding his body against hers and clumsily attempting to pull off her one-piece bathing suit and the clothing she wore over it. When she tried to scream, she said, he put his hand over her mouth.

“I thought he might inadvertently kill me,” said Ford, now a 51-year-old research psychologist in northern California. “He was trying to attack me and remove my clothing.”


This would pretty clearly fall under Third Degree Sexual Offense, note my bolding:


Third Degree – includes any of the following: engaging in sexual contact (intentionally touching the victim’s or defendant’s genital, anal, or other private parts for sexual gratification or abuse of either person) in any of the following situations: Without consent while using a weapon, strangling or seriously injuring the victim, threatening the victim with death, serious injury, or kidnapping, or committed with another’s help

OR The victim is mentally or physically incapacitated (drunk or unconscious for example) and the defendant knows of his or her condition
.

She did claim she was drunk, so that would definitely meet the 2nd criterion. She also alleged Mike Judge was helping Kavanaugh, so that would satisfy the first set of conditions. It's a felony.
edit on 25 9 18 by face23785 because: (no reason given)




posted on Sep, 25 2018 @ 03:07 PM
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Kavanaughs accusers are not after justice.
If they were they would have went to the police sometime in the last 30 years.
This is only about politics .



posted on Sep, 25 2018 @ 03:08 PM
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a reply to: face23785

there is a better than average chance that she won't show, and this will all just be another reminder of how scummy the left really is. We will know Thursday, and we can also find out what the other accusers have for proof. It's claimed there is such a thing, but we have to wait for it.



posted on Sep, 25 2018 @ 03:09 PM
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Cosby admitted in a deposition to giving qaaludes and alcohol to women before sex.


Vastly different from the accusations against Kavanaugh



posted on Sep, 25 2018 @ 03:12 PM
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a reply to: RickinVa

EVIDENCE vs NO EVIDENCE is the difference between the two cases.
edit on 9/25/2018 by carewemust because: (no reason given)



posted on Sep, 25 2018 @ 03:13 PM
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a reply to: face23785

What Ford described is not considered a felony. This was carefully planned so that they would appear to not be able to file charges but could still bring it up.



posted on Sep, 25 2018 @ 03:14 PM
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originally posted by: Bluntone22
Kavanaughs accusers are not after justice.
If they were they would have went to the police sometime in the last 30 years.
This is only about politics .


I wouldn't use this argument.

I've seen women who were sexually assaulted fear telling anyone about what happened, and then changing their mind many many years after. It happens.

Thing is, they don't have enough evidence to support even a congressional hearing, never mind the FBI investigation. Yet, the GOP is and were always willing to hear what she/they have to say.

And yet, they're stalling, making absurd demands, making up excuses to delay the nomination.

If you want justice and you know the facts, you come forward and tell everyone. You don't stall. Or lie.

Many allegedly witnesses already dismissed their involvement in the allegedly party. Never heard of it.

So when you start to connect the dots it becomes pretty evident that this is a political move.

YET... I'm not judging the woman until I hear what she has to say. She might have suffered a trauma back on those days and it's just a case of mistaken ID. It happens, too.



posted on Sep, 25 2018 @ 03:16 PM
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originally posted by: network dude
a reply to: face23785

there is a better than average chance that she won't show, and this will all just be another reminder of how scummy the left really is. We will know Thursday, and we can also find out what the other accusers have for proof. It's claimed there is such a thing, but we have to wait for it.


Democrats are coming out now bitching that the Republicans hired a woman to do the questioning. They won't get their optics of the Republicans "doubting" a female for the midterm campaign ads. I wouldn't be surprised if they use this as their out to cancel the hearing Thursday.



posted on Sep, 25 2018 @ 03:20 PM
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a reply to: face23785

Kavanaugh, as far as the Ford accusation goes, would not be charged with a felony offense. At best, it would be indecent exposure, which has a one-year statute of limitations. This was not an alleged rape or a third-degree sexual offense (which are felony charges). This wouldn't even fall under a fourth-degree offense, which is also a one-year statute of limitations.



posted on Sep, 25 2018 @ 03:20 PM
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originally posted by: Vasa Croe
a reply to: face23785

What Ford described is not considered a felony. This was carefully planned so that they would appear to not be able to file charges but could still bring it up.


Maybe that was their original intention, but lately it's been trumped up to "attempted rape" so it'll sound more egregious in the media. That would be a felony charge.

See here.

The way it's been described would seem to fall under Third Degree Sexual Offense, at the least, which is a felony which carries a maximum penalty of 10 years. My OP stands. They should file charges if this really happened.



posted on Sep, 25 2018 @ 03:22 PM
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originally posted by: face23785

originally posted by: Vasa Croe
a reply to: face23785

What Ford described is not considered a felony. This was carefully planned so that they would appear to not be able to file charges but could still bring it up.


Maybe that was their original intention, but lately it's been trumped up to "attempted rape" so it'll sound more egregious in the media. That would be a felony charge.

See here.

The way it's been described would seem to fall under Third Degree Sexual Offense, at the least, which is a felony which carries a maximum penalty of 10 years. My OP stands. They should file charges if this really happened.


Described by the media yes, but her own letter (supposedly) doesnt have anything like a felony in it. They cant file anything.



posted on Sep, 25 2018 @ 03:26 PM
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a reply to: vinifalou

This is a somewhat long article but it is a good read.
It basically says both what Kavanaugh and the judge could both be truthful, but not correct.
I thought it was very interesting, and points to another reason it is so so important to report things right aways. (I'm a woman and I get why women don't, but I really wish they did)

What Memory Science Can Tell Us About Christine Ford and Brett Kavanaugh
www.weeklystandard.com...



posted on Sep, 25 2018 @ 03:26 PM
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originally posted by: SlapMonkey
a reply to: face23785

Kavanaugh, as far as the Ford accusation goes, would not be charged with a felony offense. At best, it would be indecent exposure, which has a one-year statute of limitations. This was not an alleged rape or a third-degree sexual offense (which are felony charges). This wouldn't even fall under a fourth-degree offense, which is also a one-year statute of limitations.




originally posted by: Vasa Croe

originally posted by: face23785

originally posted by: Vasa Croe
a reply to: face23785

What Ford described is not considered a felony. This was carefully planned so that they would appear to not be able to file charges but could still bring it up.


Maybe that was their original intention, but lately it's been trumped up to "attempted rape" so it'll sound more egregious in the media. That would be a felony charge.

See here.

The way it's been described would seem to fall under Third Degree Sexual Offense, at the least, which is a felony which carries a maximum penalty of 10 years. My OP stands. They should file charges if this really happened.


Described by the media yes, but her own letter (supposedly) doesnt have anything like a felony in it. They cant file anything.



While his friend watched, she said, Kavanaugh pinned her to a bed on her back and groped her over her clothes, grinding his body against hers and clumsily attempting to pull off her one-piece bathing suit and the clothing she wore over it. When she tried to scream, she said, he put his hand over her mouth.

“I thought he might inadvertently kill me,” said Ford, now a 51-year-old research psychologist in northern California. “He was trying to attack me and remove my clothing.”


This would pretty clearly fall under Third Degree Sexual Offense, note my bolding:


Third Degree – includes any of the following: engaging in sexual contact (intentionally touching the victim’s or defendant’s genital, anal, or other private parts for sexual gratification or abuse of either person) in any of the following situations: Without consent while using a weapon, strangling or seriously injuring the victim, threatening the victim with death, serious injury, or kidnapping, or committed with another’s help

OR The victim is mentally or physically incapacitated (drunk or unconscious for example) and the defendant knows of his or her condition
.

She did claim she was drunk, so that would definitely meet the 2nd criterion. She also alleged Mike Judge was helping Kavanaugh, so that would satisfy the first set of conditions. It's a felony.

I insist, they should file charges, if this really happened.
edit on 25 9 18 by face23785 because: (no reason given)



posted on Sep, 25 2018 @ 03:26 PM
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originally posted by: face23785

originally posted by: Vasa Croe
a reply to: face23785

What Ford described is not considered a felony. This was carefully planned so that they would appear to not be able to file charges but could still bring it up.


Maybe that was their original intention, but lately it's been trumped up to "attempted rape" so it'll sound more egregious in the media. That would be a felony charge.

See here.

The way it's been described would seem to fall under Third Degree Sexual Offense, at the least, which is a felony which carries a maximum penalty of 10 years. My OP stands. They should file charges if this really happened.


From your link and Fords words, it falls under 4th degree. He never touched genitals according to her. 4th degree is misdemeanor.

Trust me....this was calculated. They do not want Kav to go to jail....they just want him off the ticket for SC.



posted on Sep, 25 2018 @ 03:29 PM
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originally posted by: face23785

originally posted by: SlapMonkey
a reply to: face23785

Kavanaugh, as far as the Ford accusation goes, would not be charged with a felony offense. At best, it would be indecent exposure, which has a one-year statute of limitations. This was not an alleged rape or a third-degree sexual offense (which are felony charges). This wouldn't even fall under a fourth-degree offense, which is also a one-year statute of limitations.




originally posted by: Vasa Croe

originally posted by: face23785

originally posted by: Vasa Croe
a reply to: face23785

What Ford described is not considered a felony. This was carefully planned so that they would appear to not be able to file charges but could still bring it up.


Maybe that was their original intention, but lately it's been trumped up to "attempted rape" so it'll sound more egregious in the media. That would be a felony charge.

See here.

The way it's been described would seem to fall under Third Degree Sexual Offense, at the least, which is a felony which carries a maximum penalty of 10 years. My OP stands. They should file charges if this really happened.


Described by the media yes, but her own letter (supposedly) doesnt have anything like a felony in it. They cant file anything.



While his friend watched, she said, Kavanaugh pinned her to a bed on her back and groped her over her clothes, grinding his body against hers and clumsily attempting to pull off her one-piece bathing suit and the clothing she wore over it. When she tried to scream, she said, he put his hand over her mouth.

“I thought he might inadvertently kill me,” said Ford, now a 51-year-old research psychologist in northern California. “He was trying to attack me and remove my clothing.”


This would pretty clearly fall under Third Degree Sexual Offense, note my bolding:


Third Degree – includes any of the following: engaging in sexual contact (intentionally touching the victim’s or defendant’s genital, anal, or other private parts for sexual gratification or abuse of either person) in any of the following situations: Without consent while using a weapon, strangling or seriously injuring the victim, threatening the victim with death, serious injury, or kidnapping, or committed with another’s help

OR The victim is mentally or physically incapacitated (drunk or unconscious for example) and the defendant knows of his or her condition
.

She did claim she was drunk, so that would definitely meet the 2nd criterion. She also alleged Mike Judge was helping her, so that would satisfy the first set of conditions. It's a felony.

I insist, they should file charges, if this really happened.


Her words from her letter...


Kavanaugh was on top of me while laughing with Judge, who periodically jumped onto Kavanaugh. They both laughed as Kavanaugh tried to disrobe me in their highly inebriated state.


Nothing about touching any private parts.

She also has stated she only had 1 beer.

They carefully read the laws to make sure her story would not allow for charges to be filed. They solely wanted to smear him.



posted on Sep, 25 2018 @ 03:33 PM
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originally posted by: Vasa Croe

originally posted by: face23785

originally posted by: SlapMonkey
a reply to: face23785

Kavanaugh, as far as the Ford accusation goes, would not be charged with a felony offense. At best, it would be indecent exposure, which has a one-year statute of limitations. This was not an alleged rape or a third-degree sexual offense (which are felony charges). This wouldn't even fall under a fourth-degree offense, which is also a one-year statute of limitations.




originally posted by: Vasa Croe

originally posted by: face23785

originally posted by: Vasa Croe
a reply to: face23785

What Ford described is not considered a felony. This was carefully planned so that they would appear to not be able to file charges but could still bring it up.


Maybe that was their original intention, but lately it's been trumped up to "attempted rape" so it'll sound more egregious in the media. That would be a felony charge.

See here.

The way it's been described would seem to fall under Third Degree Sexual Offense, at the least, which is a felony which carries a maximum penalty of 10 years. My OP stands. They should file charges if this really happened.


Described by the media yes, but her own letter (supposedly) doesnt have anything like a felony in it. They cant file anything.



While his friend watched, she said, Kavanaugh pinned her to a bed on her back and groped her over her clothes, grinding his body against hers and clumsily attempting to pull off her one-piece bathing suit and the clothing she wore over it. When she tried to scream, she said, he put his hand over her mouth.

“I thought he might inadvertently kill me,” said Ford, now a 51-year-old research psychologist in northern California. “He was trying to attack me and remove my clothing.”


This would pretty clearly fall under Third Degree Sexual Offense, note my bolding:


Third Degree – includes any of the following: engaging in sexual contact (intentionally touching the victim’s or defendant’s genital, anal, or other private parts for sexual gratification or abuse of either person) in any of the following situations: Without consent while using a weapon, strangling or seriously injuring the victim, threatening the victim with death, serious injury, or kidnapping, or committed with another’s help

OR The victim is mentally or physically incapacitated (drunk or unconscious for example) and the defendant knows of his or her condition
.

She did claim she was drunk, so that would definitely meet the 2nd criterion. She also alleged Mike Judge was helping her, so that would satisfy the first set of conditions. It's a felony.

I insist, they should file charges, if this really happened.


Her words from her letter...


Kavanaugh was on top of me while laughing with Judge, who periodically jumped onto Kavanaugh. They both laughed as Kavanaugh tried to disrobe me in their highly inebriated state.


Nothing about touching any private parts.

She also has stated she only had 1 beer.

They carefully read the laws to make sure her story would not allow for charges to be filed. They solely wanted to smear him.


She even stated Judge was across the room and carefully worded how his interaction was not part of what she claims Kav did, but actually helped her get away.

If Judge was across the room then there was no help from another....

Seriously....look at the laws and look at her actual letter. It is carefully crafted in order to avoid charges being able to be pressed.



posted on Sep, 25 2018 @ 03:34 PM
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originally posted by: Vasa Croe

originally posted by: face23785

originally posted by: Vasa Croe
a reply to: face23785

What Ford described is not considered a felony. This was carefully planned so that they would appear to not be able to file charges but could still bring it up.


Maybe that was their original intention, but lately it's been trumped up to "attempted rape" so it'll sound more egregious in the media. That would be a felony charge.

See here.

The way it's been described would seem to fall under Third Degree Sexual Offense, at the least, which is a felony which carries a maximum penalty of 10 years. My OP stands. They should file charges if this really happened.


From your link and Fords words, it falls under 4th degree. He never touched genitals according to her. 4th degree is misdemeanor.

Trust me....this was calculated. They do not want Kav to go to jail....they just want him off the ticket for SC.


It doesn't just say genitals. It says private parts. She said he tried to remove her bra. She also said he groped her, but didn't specify where in that statement. Categorically stating she can't file charges isn't supported by her statements.



posted on Sep, 25 2018 @ 03:35 PM
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originally posted by: Vasa Croe

originally posted by: Vasa Croe

originally posted by: face23785

originally posted by: SlapMonkey
a reply to: face23785

Kavanaugh, as far as the Ford accusation goes, would not be charged with a felony offense. At best, it would be indecent exposure, which has a one-year statute of limitations. This was not an alleged rape or a third-degree sexual offense (which are felony charges). This wouldn't even fall under a fourth-degree offense, which is also a one-year statute of limitations.




originally posted by: Vasa Croe

originally posted by: face23785

originally posted by: Vasa Croe
a reply to: face23785

What Ford described is not considered a felony. This was carefully planned so that they would appear to not be able to file charges but could still bring it up.


Maybe that was their original intention, but lately it's been trumped up to "attempted rape" so it'll sound more egregious in the media. That would be a felony charge.

See here.

The way it's been described would seem to fall under Third Degree Sexual Offense, at the least, which is a felony which carries a maximum penalty of 10 years. My OP stands. They should file charges if this really happened.


Described by the media yes, but her own letter (supposedly) doesnt have anything like a felony in it. They cant file anything.



While his friend watched, she said, Kavanaugh pinned her to a bed on her back and groped her over her clothes, grinding his body against hers and clumsily attempting to pull off her one-piece bathing suit and the clothing she wore over it. When she tried to scream, she said, he put his hand over her mouth.

“I thought he might inadvertently kill me,” said Ford, now a 51-year-old research psychologist in northern California. “He was trying to attack me and remove my clothing.”


This would pretty clearly fall under Third Degree Sexual Offense, note my bolding:


Third Degree – includes any of the following: engaging in sexual contact (intentionally touching the victim’s or defendant’s genital, anal, or other private parts for sexual gratification or abuse of either person) in any of the following situations: Without consent while using a weapon, strangling or seriously injuring the victim, threatening the victim with death, serious injury, or kidnapping, or committed with another’s help

OR The victim is mentally or physically incapacitated (drunk or unconscious for example) and the defendant knows of his or her condition
.

She did claim she was drunk, so that would definitely meet the 2nd criterion. She also alleged Mike Judge was helping her, so that would satisfy the first set of conditions. It's a felony.

I insist, they should file charges, if this really happened.


Her words from her letter...


Kavanaugh was on top of me while laughing with Judge, who periodically jumped onto Kavanaugh. They both laughed as Kavanaugh tried to disrobe me in their highly inebriated state.


Nothing about touching any private parts.

She also has stated she only had 1 beer.

They carefully read the laws to make sure her story would not allow for charges to be filed. They solely wanted to smear him.


She even stated Judge was across the room and carefully worded how his interaction was not part of what she claims Kav did, but actually helped her get away.

If Judge was across the room then there was no help from another....

Seriously....look at the laws and look at her actual letter. It is carefully crafted in order to avoid charges being able to be pressed.


I've done legal work before. The letter doesn't preclude charges the way the laws are written. Sorry.



posted on Sep, 25 2018 @ 03:37 PM
link   

originally posted by: face23785

originally posted by: Vasa Croe

originally posted by: face23785

originally posted by: Vasa Croe
a reply to: face23785

What Ford described is not considered a felony. This was carefully planned so that they would appear to not be able to file charges but could still bring it up.


Maybe that was their original intention, but lately it's been trumped up to "attempted rape" so it'll sound more egregious in the media. That would be a felony charge.

See here.

The way it's been described would seem to fall under Third Degree Sexual Offense, at the least, which is a felony which carries a maximum penalty of 10 years. My OP stands. They should file charges if this really happened.


From your link and Fords words, it falls under 4th degree. He never touched genitals according to her. 4th degree is misdemeanor.

Trust me....this was calculated. They do not want Kav to go to jail....they just want him off the ticket for SC.


It doesn't just say genitals. It says private parts. She said he tried to remove her bra. She also said he groped her, but didn't specify where in that statement. Categorically stating she can't file charges isn't supported by her statements.


Her letter doesnt. It say he tried to disrobe her...again...carefully worded to avoid a felony with no statute.

She cant file charges....



posted on Sep, 25 2018 @ 03:40 PM
link   

originally posted by: face23785

originally posted by: Vasa Croe

originally posted by: Vasa Croe

originally posted by: face23785

originally posted by: SlapMonkey
a reply to: face23785

Kavanaugh, as far as the Ford accusation goes, would not be charged with a felony offense. At best, it would be indecent exposure, which has a one-year statute of limitations. This was not an alleged rape or a third-degree sexual offense (which are felony charges). This wouldn't even fall under a fourth-degree offense, which is also a one-year statute of limitations.




originally posted by: Vasa Croe

originally posted by: face23785

originally posted by: Vasa Croe
a reply to: face23785

What Ford described is not considered a felony. This was carefully planned so that they would appear to not be able to file charges but could still bring it up.


Maybe that was their original intention, but lately it's been trumped up to "attempted rape" so it'll sound more egregious in the media. That would be a felony charge.

See here.

The way it's been described would seem to fall under Third Degree Sexual Offense, at the least, which is a felony which carries a maximum penalty of 10 years. My OP stands. They should file charges if this really happened.


Described by the media yes, but her own letter (supposedly) doesnt have anything like a felony in it. They cant file anything.



While his friend watched, she said, Kavanaugh pinned her to a bed on her back and groped her over her clothes, grinding his body against hers and clumsily attempting to pull off her one-piece bathing suit and the clothing she wore over it. When she tried to scream, she said, he put his hand over her mouth.

“I thought he might inadvertently kill me,” said Ford, now a 51-year-old research psychologist in northern California. “He was trying to attack me and remove my clothing.”


This would pretty clearly fall under Third Degree Sexual Offense, note my bolding:


Third Degree – includes any of the following: engaging in sexual contact (intentionally touching the victim’s or defendant’s genital, anal, or other private parts for sexual gratification or abuse of either person) in any of the following situations: Without consent while using a weapon, strangling or seriously injuring the victim, threatening the victim with death, serious injury, or kidnapping, or committed with another’s help

OR The victim is mentally or physically incapacitated (drunk or unconscious for example) and the defendant knows of his or her condition
.

She did claim she was drunk, so that would definitely meet the 2nd criterion. She also alleged Mike Judge was helping her, so that would satisfy the first set of conditions. It's a felony.

I insist, they should file charges, if this really happened.


Her words from her letter...


Kavanaugh was on top of me while laughing with Judge, who periodically jumped onto Kavanaugh. They both laughed as Kavanaugh tried to disrobe me in their highly inebriated state.


Nothing about touching any private parts.

She also has stated she only had 1 beer.

They carefully read the laws to make sure her story would not allow for charges to be filed. They solely wanted to smear him.


She even stated Judge was across the room and carefully worded how his interaction was not part of what she claims Kav did, but actually helped her get away.

If Judge was across the room then there was no help from another....

Seriously....look at the laws and look at her actual letter. It is carefully crafted in order to avoid charges being able to be pressed.


I've done legal work before. The letter doesn't preclude charges the way the laws are written. Sorry.


I have too. The letter is the ONLY evidence of her claim. Based on her letter she cant file charges as there is no felony.

She wont be testifying either. I guarantee she wont show up. She doesnt want to possibly go to jail for libel or slander.

They dont want to lock Kav up....they know he is a good lawyer and what they are doing is really dirty, but they just want him to not be a SC Justice....that is all.

Similar to how they specifically asked the FBI to investigate, knowing they had already said they wouldn't and they dont get involved in these types of cases.

Either way....differing opinions. We will find out Thursday.
edit on 9/25/18 by Vasa Croe because: (no reason given)




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