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Wed Sep 19, 2018, 01:28 PM

Maryland Law on Sexual Assault. From what I have read there is no Statute of Limitations.

https://statelaws.findlaw.com/maryland-law/maryland-rape-and-sexual-assault-laws.html

Sexual Offense
First Degree Ė Usually this crime or attempt of this crime is subject to life imprisonment. However, if a person was previously convicted of first-degree rape or sexual offense, commits the rape on a kidnapped child under 16, or the defendant is over 18 and the victim was under 13, then life imprisonment without the possibility of parole is the maximum sentence.
Note: The same 25-year mandatory minimum prison sentence applies here if the defendant was over 18 and the victim was a child under 13. None of the 25 years can be suspended by the court, nor is the person eligible for parole.
Second Degree Ė Usually, the punishment is a maximum of 20 years in prison, including for attempt. However, if a person 18 years or older sexual assaults a child under 13 the minimum prison term is 15 years and maximum is life in prison.
Third Degree Ė A felony with a sentence not more than 10 years in prison
Fourth Degree Ė Typically, this crime is a misdemeanor punished by not more than one-year imprisonment and a fine not more than $1,000. However, if a person previously committed a sex crime, the punishment is increased to 3 years in prison and a fine up to $1,000.

The attempted sexual assault happened in Maryland.

19 replies, 1055 views

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Response to KWR65 (Original post)


Response to KWR65 (Original post)

Wed Sep 19, 2018, 01:34 PM

2. Maybe she can go to Maryland police, complain and request they investigate this alleged crime

How can the Senate confirm a judge for the Supreme Court who is being investigated by law enforcement for attempted rape?

That's a really tough sell in an election year.

When the GOP complain, "well you turned down the chance for a quick investigation by the FBI so you'll have to wait for the MD state police now!"

I'd file the criminal complaint on the weekend and then have her lawyer issue press releases to major national media outlets. GOP couldn't shut it down by monday.

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Response to Jarqui (Reply #2)

Wed Sep 19, 2018, 05:00 PM

18. She could call in the complaint to police over the telephone.

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Response to KWR65 (Reply #18)

Wed Sep 19, 2018, 09:09 PM

19. Do it!

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Response to KWR65 (Original post)

Wed Sep 19, 2018, 01:35 PM

3. Hmmm. Hope this gets some media attention.

If true no wonder Kavanaugh is denying. Can Dr. Ford still file a crimiinal complaint?

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Response to KWR65 (Original post)

Wed Sep 19, 2018, 01:43 PM

4. I've lived through some $hit and I'm fairly sure it's due to early abuse.

I was attacked in college, outside of the health center (infirmary) where I worked at night to pay for books. The school paid for therapy, where I spoke for the first time about early childhood abuse at 4/5 years old until I was maybe 10. I realized so many things, and one thing that I discovered was that I was very angry and I wanted justice. Iím in NJ, and although there is no longer a statute of limitations, there was when the crime was committed, so other than a civil suit, there was not much to be done legally.
You would need to see when the law was changed to no statute of limitations. If the crime was committed before that change, he is grandfathered in and cannot be prosecuted. I canít tell you how painful it is to learn this a few years too late, but my guess is that she already knows.

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Response to KWR65 (Original post)

Wed Sep 19, 2018, 01:52 PM

5. I think you are correct.

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Response to KWR65 (Original post)

Wed Sep 19, 2018, 01:52 PM

6. She can file a complaint. But unless she has more proof or detail it won't go anywhere

 

Right now we have an alleged assault that they victim is unable to say exactly when or where it happened, cannot produce any witnesses to the story, and had no physical evidence exists.

On top of that 35 years has passed, so finding anything new or a person who just saw a small detail that builds they case is highly, highly unlikely.

They can file a complaint, the police will interview her, Kavanaugh and Judge, and lacking anything else being produced they will close the case as unsubstantiated.

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Response to Lee-Lee (Reply #6)

Wed Sep 19, 2018, 02:04 PM

7. Yep

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Response to Lee-Lee (Reply #6)

Wed Sep 19, 2018, 02:54 PM

9. She is a witness. It doesn't require DNA to investigate a crime.

This is a big problem with people like you that think victims aren't witnesses and every crime requires DNA. It would be a criminal matter for a jury to decide.

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Response to KWR65 (Reply #9)

Wed Sep 19, 2018, 03:22 PM

10. Nobody is taking this to a jury

 

Without more no prosecutor will take a case to a jury with just what we have.

She is a witness. So is Kavanaugh and Judge. So you have 2 vs 1 and nothing else.

Not even close to meeting the standard for a criminal conviction.

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Response to Lee-Lee (Reply #10)

Wed Sep 19, 2018, 03:25 PM

11. You certainly are clairevoyant. You don't even know the facts and neither do I

You are just trying to discredit a sexual assault victim. Let the police and prosecutors investigate this crime. There is no SOL in MD for this crime.

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Response to KWR65 (Reply #11)

Wed Sep 19, 2018, 03:40 PM

12. I investigated these kinds of crimes for years. I know just how it works

 

And I know the reality of prosecution and what goes to court.

If someone came to me with the facts we have available to us right now and it was an event 3 days ago we could jump on it and investigate. Easily narrow down locations and times and find witnessss.

3 weeks ago still easy.

3 months ago, harder but doable.

3 years ago? Now itís hard. The witnesses who saw those tiny bits of information that you find to put the picture together are harder to find and less likely to remember. And witnesses after that long lose credibility.

30 years later? Virtually impossible. And with limited resources on hand no department is going to take a case that old with such little info to go on and put effort into it. Not when there are lots of more serious cases of rape, attempted murder and others of that age that will be higher priority for cold case work.

Anyone who thinks what we have now is a case for a jury or one that would be taken and run with is kidding themselves.

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Response to KWR65 (Original post)

Wed Sep 19, 2018, 02:51 PM

8. Brett Kavanaugh Could Still Face Charges For Attempted Rape In Maryland

https://hillreporter.com/brett-kavanaugh-could-still-face-charges-for-attempted-rape-in-maryland-7580
Can Brett Kavanaugh be investigated for an attempted rape he allegedly committed over three decades ago? In Maryland, itís entirely possible under the law, according to some experts. Now members of the American public are calling for Maryland Attorney General Brian Frosh to open an investigation, especially if the FBI doesnít.


I cannot imagine a vote to confirm him while such an investigation is going on.

Looks like an option to get what she wants - an investigation before she testifies.

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Response to Jarqui (Reply #8)

Wed Sep 19, 2018, 03:56 PM

13. Wow!

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Response to Jarqui (Reply #8)

Wed Sep 19, 2018, 04:28 PM

14. Frosh should come out tomorrow and announce an investigation.

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Response to KWR65 (Original post)

Wed Sep 19, 2018, 04:34 PM

15. Maryland AG Brian Frosh tweeted THIS, 2 days ago....

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Response to OnDoutside (Reply #15)

Wed Sep 19, 2018, 04:35 PM

16. Well, that's interesting.

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Response to KWR65 (Original post)

Wed Sep 19, 2018, 04:58 PM

17. kick for visibility

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