I realize there is no statute of limitation on felony sexual assault in Maryland. I assume there may be statutes of limitation on “false imprisonment” and “kidnapping.” I am NOT suggesting Kavanaugh be charged with these crimes, but I don’t understand why the terms “False Imprisonment” and “Kidnapping” are not mentioned as well as “sexual assault”.
I have never done criminal work (I was a civil litigator for twenty years, including three and a half years as a Trial Attorney with the Department of Justice’s Civil Division in the seventies). Yesterday, as I was reviewing the allegations of the Blasey Ford accusation, it struck me — wait a minute — isn’t that false imprisonment and/or kidnapping???
Kavanaugh allegedly grabbed her in the hall as she was on the way to the bathroom and pushed her into another room, where he then locked the door, turned up the music and covered her mouth. (Mark Judge may have helped with some of those actions).
Once in the room, he assaulted her, with Judge looking on and egging him on, including directing him while giggling maniacally. When Judge joined them by jumping on Kavanaugh’s back (wonder what he had in his mind???? I don’t want to go there), she escaped by “unlocking” the door and going out into the hall and escaped.
To me, it appears that Kavanaugh (and Judge’s actions) provide the elements of the crime and or tort of False imprisonment. The issue with kidnapping is a little less clear, because it varies widely from jurisdiction to jurisdiction. In common law it generally included an aspect of sending the person somewhere else, but I also remember issues where just moving the person from where they are to somewhere else against their will could be kidnapping. (Remember Omarosa accused Kelly of False Imprisonment when he locked the situation room door before firing her?).
Again, I’m not suggesting legal charges on these two crimes and torts be brought against Kavanaugh and Judge, but I am suggesting that the discussion needs to include a discussion of these two additional aspects of the attack. Adding the totality of the charges that could have been brought underscores the severity of Kavanaugh’s actions.
Kavanaugh’s alleged actions not only constitute sexual assault (which the new RAPE-UBLICAN Party dismisses as “youthful highjinks and rough horseplay”) but also False Imprisonment and possibly kidnapping. Can we get this into wider circulation and see if Kamala Harris or Mazie Hirono or one of the other prosecutors on the Committe can ask questions establishing this?
Surely Kavanaugh, as a law professor and judge, knows the elements of these two crimes. He needs to be questioned on these definitions and see if he squirms admitting that the actions described IF TRUE (he doesn’t need to admit they are) constitute not “just” [sic] sexual assault but also False Imprisonment and even possibly kidnapping.
I’ll be interested in comments from lawyers with criminal law backgrounds.