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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAnd right after McConnell "plows right on through" to put Kavanagh on the Supreme Court,
Dr. Ford can make the formal complain to the Maryland police about the attempted sexual assault.
Dawson Leery
(19,348 posts)The GOP is playing hardball and they only understand such force.
Eliot Rosewater
(31,125 posts)brooklynite
(94,780 posts)FBaggins
(26,774 posts)The formal complaint has no effect on him. It's pretty implausible that a charge could actually come of it... let alone be proven in court beyond a reasonable doubt...
... but if it did make it to court, she can't avoid testifying or insist on how she be questioned (or by whom or only after he testifies).
JaneQPublic
(7,113 posts)And the state has no statute of limitations on felonies.
It would seem she could press charges on him today.
Of course, the big question is whether there is enough evidence to make the case.
MORE...
https://criminal.findlaw.com/criminal-charges/sexual-assault-overview.html
https://www.ageofconsent.net/laws/maryland/attempted-rape-second-degree
FBaggins
(26,774 posts)She hasn't really even alleged it. Groping someone over their clothing and trying unsuccessfully to get some of it off is clearly sexual assault... but not felony sexual assault. It isn't good enough that the victim feels like he's trying to rape her, there has to be some evidentiary reason to believe it (something he says... or he pulls out a condom... or he actually raped someone else with a similar M.O. - whatever)
Solomon
(12,319 posts)You jump in every thread to say there's no case - like you know all the facts. If what she says is true, And we don't know what else she might say, he's guilty of a felony. The best argument you make is that a prosecution may not decide to proceed because it may be hard to win. But your legal arguments are all bullshit.
Why don't you try this exercise. Imagine he was a black guy grabbing her and forcing her into a locked room, putting his hand over her mouth making it difficult for her to breathe while attempting to rape her. Would you then be jumping in every thread to say it's not kidnapping, felonious assault, attempted rape, etc etc etc?
You might consider an exercise where you try to imagine people disagreeing with you for the reasons they actually say... rather than that they're racists who just can't imagine a white guy trying to rape someone.
On the threads I posted to... I gave legal arguments for my position (in this case citing the same state supreme court ruling that the other side claiming backed them up) and have seen multiple DU attorneys agreeing (without trying to "protect this guy" ). Rather than ad hominem nonsense... why not try making a legal argument of your own?
MrsCoffee
(5,803 posts)Thiru Vignarajah, a Democrat, previously served as an assistant U.S. attorney for the District of Maryland from 2009-2011 and as deputy attorney general of Maryland from 2015-2016. He was a law clerk to Supreme Court Justice Stephen G. Breyer from 2006-2007.
JaneQPublic
(7,113 posts)She hasn't even given her testimony yet and you've already decided nothing much happened.
Her lawyers haven't even had a week yet to build a case and you've already decided what did and did not happen. Wow.
Take a look at the Maryland Criminal Code, particularly
these sections:
3-303: Rape in the First Degree and 3-309 for attempted
3-304: Rape in the Second Degree and 3-310 for attempted
3-305: Sexual Offense in the First Degree and 3-311 for attempted
3-306: Sexual Offense in the Second Degree and 3-312 for attempted
https://www.dpscs.state.md.us/onlineservs/sor/sor_crimes_article.shtml#_Toc280276148
A summary here:
https://statelaws.findlaw.com/maryland-law/maryland-rape-and-sexual-assault-laws.html
FBaggins
(26,774 posts)What's the alternative?
If her story changes (meaning additional info, not that she's "changing her story" ), my opinion will change. I just said that she hasn't alleged more than that at this point.
Take a look at the Maryland Criminal Code, particularly these sections:
You do realize that there isn't anything there, right? It just says "you may not do this"... it doesn't define what "this" is in each case.
Try this one - https://statelaws.findlaw.com/maryland-law/maryland-rape-and-sexual-assault-laws.html
To me... just like the MD attorney specializing in sexual crimes that WaPost interviewed the 4th-degree offense looks to be the right fit. If she hadn't escaped when she did, it's entirely plausible that he would have moved up the scale (not that we would wish that just to give us a better case)... but her feeling that it's what he was going to do isn't what makes an "attempted" case.
JaneQPublic
(7,113 posts)I did a search on "you may not do this" in the Maryland Criminal Code, and it's nowhere in there.
I don't know what you were reading.
FBaggins
(26,774 posts)For example -
§3310. Attempted Rape in the Second Degree
(a) A person may not attempt to commit rape in the second degree.
(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.
The bolded text is the part I parodied as "you may not do this". Looking at §3309 vs. §3310 doesn't tell you the difference between first and second-degree rape... it just says that you may not commit them (and what the penalty would be).
So I gave you a site that spells out the differences (in MD).
torius
(1,652 posts)from that couple-year period, from school records, directories, and yearbooks? I remember my school from back then had an annual with names and photos, kind of like Facebook but on paper. Maybe Dr. Ford could look at photos, property records, use Google Maps for pictures of houses, as well as archive photos and Dept. of Building records, see if she can recognize others who were at that party or might know something. See if she could find that house. Maybe it's a beach house? Alumni from them might still have yearbooks and directories. Schools may still have lists of students going back, if they're willing to share them.