General Discussion

Miles Archer

(18,837 posts) Fri Jun 21, 2019, 09:08 PM Jun 2019

"New York state no longer has a statute of limitations on first-degree rape."

Trump has denied the allegations — with an obvious lie — and said Carroll to “pay dearly” for making the accusation.

But the accusation and denial may not be where this #MeToo scandal ends, as Trump could face state charges, MSNBC legal analyst Maya Wiley explained to Chris Hayes on Friday.

Wiley noted, “New York state no longer has a statute of limitations on first-degree rape.”

“That doesn’t mean that in this case, she is necessarily saying she would bring a rape charge, but this would be a first — from what I understand of the facts, this was potentially a First Degree Rape case, which doesn’t have a statute of limitations and she has the coat,” Wiley explained. “So the other question I had, is did she get it dry cleaned or not?”

https://www.rawstory.com/2019/06/trump-could-face-first-degree-rape-charges-in-new-york-after-e-jean-carroll-accusation-legal-analyst-maya-wiley/

9 replies

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Highlight:

"New York state no longer has a statute of limitations on first-degree rape." (Original Post) Miles Archer Jun 2019 OP

Prosecution May Be Impossible dalton99a Jun 2019 #1

Well that's a shame. America, you fucking idiot. Shaddox Jun 2019 #2

From the article... PoliticAverse Jun 2019 #3

To answer Maya... Cracklin Charlie Jun 2019 #4

If she has his DNA, he may escape criminal prosecution but should be dead in public opinion. Shrike47 Jun 2019 #5

Quick ! Haggis for Breakfast Jun 2019 #6

I don't think proof of trump raping someone would make one bit of Poiuyt Jun 2019 #7

They'd say that it was consensual customerserviceguy Jun 2019 #8

Where did they get their legal analyst? madville Jun 2019 #9

dalton99a

(81,570 posts)

1. Prosecution May Be Impossible

Reply to Miles Archer (Original post)

Fri Jun 21, 2019, 09:09 PM

Jun 2019

https://www.motherjones.com/politics/2019/06/new-york-magazine-rape-allegation-trump-e-jean-carroll-prosecution-statute-of-limitations/
NYMag’s Trump Allegation Is a Clear Description of First-Degree Rape. Prosecution May Be Impossible.
A former Bronx sex crimes prosecutor says the statute of limitations has likely expired—and it won’t matter even if there is DNA evidence.

Shaddox

(384 posts)

2. Well that's a shame. America, you fucking idiot.

Reply to Miles Archer (Original post)

Fri Jun 21, 2019, 09:11 PM

Jun 2019

PoliticAverse

(26,366 posts)

3. From the article...

Reply to Miles Archer (Original post)

Fri Jun 21, 2019, 09:15 PM

Jun 2019

MJ: Today, there’s no statute of limitations for first-degree rape in New York. But that’s only been the case since 2006. Before then, New York’s statute of limitations for first-degree rape was only five years. Which laws apply, the current ones or the laws at the time?

RC: The Supreme Court case is called Stogner vs. California. Basically what it says is you cannot change the statute of limitations, and then charge somebody under it retroactively. So if a crime is committed in 1995, and the statute of limitations at the time of the crime is five years, then even if the statute of limitations is changed 10 or 15 or 20 years later, a person who committed that crime in 1995 cannot be charged under it. The person has to be charged under the law as it existed at the time.

MJ: So if the allegations are true, the president gets away with it?

RC: Correct.

Cracklin Charlie

(12,904 posts)

4. To answer Maya...

Reply to Miles Archer (Original post)

Fri Jun 21, 2019, 09:47 PM

Jun 2019

The victim says she retrieved the coat dress from her closet, where it had hung, unwashed and unworn, ever since the attack.

Shrike47

(6,913 posts)

5. If she has his DNA, he may escape criminal prosecution but should be dead in public opinion.

Reply to Miles Archer (Original post)

Fri Jun 21, 2019, 10:03 PM

Jun 2019

Of course, I think he should have been dead in public opinion from the get-go, and certainly after some of his history of financial shenanigans came out, but some people have no sense. I think DNA, after he denied even knowing her, would be awfully hard to explain away.

Haggis for Breakfast

(6,831 posts)

6. Quick !

Reply to Shrike47 (Reply #5)

Fri Jun 21, 2019, 10:06 PM

Jun 2019

Rush that coat to a forensics expert.

Poiuyt

(18,130 posts)

7. I don't think proof of trump raping someone would make one bit of

Reply to Shrike47 (Reply #5)

Fri Jun 21, 2019, 10:10 PM

Jun 2019

difference to his cult members.

customerserviceguy

(25,183 posts)

8. They'd say that it was consensual

Reply to Poiuyt (Reply #7)

Fri Jun 21, 2019, 10:54 PM

Jun 2019

Otherwise, why didn't she report it earlier? would be their rationalization.

madville

(7,412 posts)

9. Where did they get their legal analyst?

Reply to Miles Archer (Original post)

Fri Jun 21, 2019, 11:54 PM

Jun 2019

It should be common knowledge that if there was a statute of limitations back when it is alleged to of happened then that law still applies even if they change the statute of limitations law at a later date.

Misinformed people are all going to be jumping up and down screaming he should be charged with rape no when it is impossible if it was 25 years ago in NY.

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