General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMaryland 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.htmlFirst Degree 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 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 A felony with a sentence not more than 10 years in prison
Fourth Degree 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.
Response to KWR65 (Original post)
drray23 This message was self-deleted by its author.
Jarqui
(10,122 posts)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.
KWR65
(1,098 posts)triron
(21,994 posts)If true no wonder Kavanaugh is denying. Can Dr. Ford still file a crimiinal complaint?
Tucker08087
(621 posts)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. Im 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 cant tell you how painful it is to learn this a few years too late, but my guess is that she already knows.
we can do it
(12,180 posts)Lee-Lee
(6,324 posts)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.
KWR65
(1,098 posts)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.
Lee-Lee
(6,324 posts)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.
KWR65
(1,098 posts)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.
Lee-Lee
(6,324 posts)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 its 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.
Jarqui
(10,122 posts)Can Brett Kavanaugh be investigated for an attempted rape he allegedly committed over three decades ago? In Maryland, its 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 doesnt.
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.