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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDamn. Even if Ford allegations proven, Kavanaugh can't be charged because of OLD Maryland law
Link to tweet
Apparent inconsistency between yesterday's Kavanaugh hearing ("in Maryland, there is no statute of limitations" ) and statement by the local police chief & prosecutor "in 1982, assault and attempted rape were both misdemeanors and subject to a one-year statute of limitations."
https://www.washingtonpost.com/local/public-safety/amid-the-ford-kavanaugh-exchanges-have-the-local-police-been-asked-to-investigate/2018/09/27/7787d8c0-c297-11e8-a1f0-a4051b6ad114_story.html
And even if an accuser went to the local department, the statute of limitations appears to have long since passed for pursuing the allegations described in Thursdays dramatic Senate Judiciary Committee hearing.
The most serious allegation that authorities could pursue, given the sworn testimony provided by Ford, would be attempted rape. But that was considered a misdemeanor in Maryland in 1982, and that would be the relevant legal standard.
As a misdemeanor, the offense carried a one-year statute of limitations, meaning charges would have had to be filed within a year of an incident, according to John McCarthy, Montgomery Countys longtime chief prosecutor. Lisae C. Jordan, the executive director and counsel for the Maryland Coalition Against Sexual Assault, and other longtime Maryland lawyers interviewed in recent days concurred.
The Maryland legislature changed the law in 1996, making attempted rape a felony and removing the statute of limitations, according to McCarthy and Jordan.
But wed have to apply the law as it existed at the time of the allegations, McCarthy said.
Other possible charges, such as second-degree assault, remain misdemeanor offenses in Maryland and subject to a one-year statute of limitations, McCarthy said.
The most serious allegation that authorities could pursue, given the sworn testimony provided by Ford, would be attempted rape. But that was considered a misdemeanor in Maryland in 1982, and that would be the relevant legal standard.
As a misdemeanor, the offense carried a one-year statute of limitations, meaning charges would have had to be filed within a year of an incident, according to John McCarthy, Montgomery Countys longtime chief prosecutor. Lisae C. Jordan, the executive director and counsel for the Maryland Coalition Against Sexual Assault, and other longtime Maryland lawyers interviewed in recent days concurred.
The Maryland legislature changed the law in 1996, making attempted rape a felony and removing the statute of limitations, according to McCarthy and Jordan.
But wed have to apply the law as it existed at the time of the allegations, McCarthy said.
Other possible charges, such as second-degree assault, remain misdemeanor offenses in Maryland and subject to a one-year statute of limitations, McCarthy said.
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Damn. Even if Ford allegations proven, Kavanaugh can't be charged because of OLD Maryland law (Original Post)
highplainsdem
Sep 2018
OP
hlthe2b
(102,283 posts)1. Federal perjury charges would be the best we can get.
dlk
(11,566 posts)2. There's Julie Swetnick and Likely Others
torius
(1,652 posts)3. What about kidnapping?
And the covering her mouth--and reckless endangerment (putting his weight on top of her, plus Mark Judge doing that too).
TreasonousBastard
(43,049 posts)4. But, he can be impeached for lying about it.
marylandblue
(12,344 posts)5. Proves Kavanaugh is too stupid to be on the SCOTUS
If he simply admitted he drank too much or that it was a misunderstanding, he would have been fine. But he insisted there was no party and he didn't drink underage, so he committed perjury.
questionseverything
(9,656 posts)8. there is a 100 grand payment if perjury can be proven
rzemanfl
(29,565 posts)6. I can't believe it took so long for this to come out. I bet the Statute of Limitations has run on
the gang rapes too.
NCjack
(10,279 posts)7. He could be denied the SC, be stripped of his seat on DC court, and
have to go home and live with his wife. That would barely be enough to satisfy me. But some "lock-him-up" would be nice.
GeorgeGist
(25,321 posts)9. If it keeps him off the SCOTUS ...
justice will be served. In spades.