Nobody is pointing out that if true, Cavanaugh committed kidnapping.

[Solomon]

Doesn't matter how far the distance. Learned that in law school. Technically it's kidnapping. Not to mention false imprisonment.

[ffr]

1. K&R

Lock him up!

[Hassler]

21. +100000

[spooky3]

2. Actually, this former deputy attorney general of MD said it too:

https://www.washingtonpost.com/opinions/kavanaughs-accuser-deserves-a-fair-criminal-investigation/2018/09/19/c0605ec4-bc1a-11e8-97f6-0cbdd4d9270e_story.html?utm_term=.58d2813e9c45

[Solomon]

4. Thanks. Had not seen that.

[spooky3]

5. You're welcome. Thanks for getting the word out.

[Grasswire2]

3. I was wondering tonight how she got home.

This was before cell phones. Did she drive herself? Or was there a witness who could testify to her state of mind.

[Cracklin Charlie]

9. If her friends brought her to that house...

They would know if she left without them.

[milestogo]

14. She was 15, so I doubt she was driving yet.

[Grasswire2]

18. and it doesn't sound like she had a chance to call home...

...so I wonder.

[triron]

6. Laurence Tribe says it's kidnapping.

Link to tweet

[Solomon]

8. Good. It needs to be repeated.

They are pissing me off with this "wasn't rape just horseplay" bullshit. He committed a felony (if the accusation is true).

[wasupaloopa]

7. I want to know how they ended up in a bedroom

if that is where it happened.

[Cracklin Charlie]

10. I believe it's in her letter.

She went upstairs (restroom?) and he and pervy friend shoved her into bedroom.

[spooky3]

15. Yes, she said she was heading to the upstairs bathroom

When they began to assault her.

[RockRaven]

11. Isn't kidnapping one of those crimes, like bank robbery, which Hollywood teaches us is FBI business?

or is that only kidnapping across state lines?

[FBaggins]

19. Close. It's their business when one of the following applies:

1 - The kidnapper crosses state lines. (Actually... I think a plausible "interstate commerce" claim has to be involved too)
2 - Some other federal jurisdiction (planes in flight, ships in US waters, etc.)
3 - Something to do with foreign officials or US federal officer
4 - Parents taking kids out of the country.

Basically... something that makes the kidnapping federal in nature (Bank robbery qualifies because the banks are all federally insured)

However - the FBI has great resources for aiding in kidnapping cases outside of their jurisdiction and will often assist state and local law enforcement - particularly when the victim is a young child.

[RockRaven]

20. thank you, good info! nt

[former9thward]

12. Internet law.

It is so wonderful. Rape is prosecuted everyday in every state in this country. Show me a case where kidnapping is also prosecuted as part of the rape.

[Ptah]

17. Ok

2 indicted on kidnapping, other charges in Henderson rape

A Las Vegas man prosecutors say raped and beat a woman in Henderson was indicted Thursday along with another woman on charges that could send them to prison for life.

Rick Lamall Thompson faces one count of first-degree kidnapping with use of a deadly weapon resulting in substantial bodily harm, which carries the possibility of life in prison without parole, along with two counts of sexual assault with a deadly weapon, sex trafficking and other charges.

https://www.reviewjournal.com/crime/courts/2-indicted-on-kidnapping-other-charges-in-henderson-rape/

Man admits to raping deputy after kidnapping her outside jail

A second man pleaded guilty Thursday to kidnapping and raping a sheriff’s deputy in Kansas two years ago.

Brady Newman-Caddell, 23, of Independence, Missouri, pleaded guilty to aggravated kidnapping, rape and aggravated criminal sodomy in Johnson County District Court, the Kansas City Star reports.

https://nypost.com/2018/05/25/man-admits-to-raping-deputy-after-kidnapping-her-outside-jail/

Two New York Detectives Are Charged With Rape and Kidnapping

Minutes after two New York detectives stopped an 18-year-old Brooklyn woman last month for having marijuana in her car, they placed her into handcuffs and put her into their police van, prosecutors said. Describing himself and his partner as “freaks,” one of the detectives forced the young woman to perform oral sex on him and raped her, prosecutors said, switching places within moments to let the other assault her, too.

This chilling account was offered in court on Monday morning as the Brooklyn district attorney’s office unsealed a 50-count indictment against the detectives, Edward Martins and Richard Hall, charging them with rape, kidnapping and official misconduct. The indictment marked the district attorney’s office’s first formal statement on the allegations, details of which have been emerging in the news media for weeks.

https://www.nytimes.com/2017/10/30/nyregion/nypd-detectives-rape-kidnapping-charges.html

[former9thward]

22. None of those have even remotely the same fact situations as Ford alleged.

I am sure you know that. But if you want to go that direction then almost any assault/robbery situation could have the kidnapping charge attached. How come no prosecutions on this internet law? i guess the prosecutors just don't know the law....

[LanternWaste]

23. I dig how you move your own goalposts post hoc.

It's a convenient and efficient method of maintaining the pretense of being correct.

[Ptah]

24. Fremont man gets 8 years in prison for rape, kidnapping

{snip}

Miller, 40, was one of three suspects charged with raping and holding a 28-year-old woman against her will in a Casa Nueva apartment in April 2017.

{snip}

She then said Hardin told her she could leave the apartment if they had sex, but after the two had sex she said she was not allowed to leave.

During testimony, the woman said Pinell punched her and that Hardin, Miller and Pinell did not allow her to leave.

Pinell testified that she held the woman's leg while Miller had sex with her.

https://www.thenews-messenger.com/story/news/crime/2018/08/01/fremont-sentenced-8-years-prison-rape-kidnapping/877914002/

[former9thward]

33. Keep on digging.

You did not answer my question. Do you want kidnapping added to all assault/robbery crimes? There are hundreds of thousands of them. How come prosecutors are not charging? I guess they did not go to the high prestige law school called Google like you did.

[Ptah]

35. Slow down, Perry Mason.

former9thward: Show me a case where kidnapping is also prosecuted as part of the rape.

Ptah: Lists several cases where kidnapping is also prosecuted as part of the rape.

former9thward: How come no prosecutions on this internet law?

Ptah: Lists another case where kidnapping is also prosecuted as part of the rape.

former9thward: Keep on digging. You did not answer my question. Do you want kidnapping added to all assault/robbery crimes? ... I guess they did not go to the high prestige law school called Google like you did.

I do not want kidnapping added to all assault/robbery crimes.


Did you attend the law school of goal post moving, innuendo
and insult?

[sarah FAILIN]

36. +1

[former9thward]

37. My law school taught me to aggressively attack misstatements.

There are about 95,000 rapes in the U.S. (in 2016 last year available). You throw up 3 or 4 cases out of 95,000 by adding "kidnapping" to "rape" and seeing what google throws up at you. And the fact situations of those are not even close to the Ford matter. And then you use that to pretend someone who assaulted Ford could be successfully prosecuted for kidnapping. No they couldn't and no prosecutor in the country would try to. They would be immediately thrown out of court. Call your local prosecutor if you think it is possible and please report back.

[Stinky The Clown]

13. Here is a quick read as to what is happening (or not) on the ground in Maryland:

https://theintercept.com/2018/09/19/brett-kavanaugh-maryland-prosecutor-well-address-it/

Right now, it seems, mum's the word. The intriguing line in this is they will neither confirm nor deny . . . .

[ecstatic]

16. Is that a felony? nt

[Separation]

28. She was going to the bathroom

And forced into a bedroom! So thanks for clearing that up for us.

[Lee-Lee]

30. Nope, that won't cover it.

A few feet away doesn’t meet the standard for being moved to another place or location in any state where that is an element required for Kidnapping.

Next door? Sure. Maybe even into a separate building on the property in some cases it could be argued.

But this doesn’t meet the standard. And it’s absurd and dishonest to go around claiming it does. We are better than that.

[Separation]

31. That would be for the DA to decide.

My guess is they wont touch it. To say a person must meet A, B, and C to be charged with X ie just not true.

District Attorneys use their discretion and most importantly the percentage of what a case will win to decide on whether or not to bring charges, dont even get me started if they are running for reelection as a tough on crime candidate. To suggest otherwise is playing blind to the real world.

Of course, this is all my opinion. That and a $1.50 might get me a drink from a vending machine.

[Lee-Lee]

32. No, when a crime describes specific elements they have to be met

If the law says to be charged for DUI you most be operating the motor vehicle, and you are a drunk in the passenger seat, they can’t ignore that element of the crime and charge you with DUI anyway.

If the law says to be charged for shoplifting you have to leave the premises without paying for an item then you can’t be arrested because you are standing in the store with the item but haven’t paid for the item yet.

If you stab someone with intent to kill them, but they survive, you cannot charge them with murder.

When the law establishes specific elements to a crime, if you don’t meet those elements you haven’t committed that soecifi crime. You may have committed other crimes with your actions, but not that specific one. The cops and DA can’t just make it up as they go and say “close enough”.

If they tried to charge in MD for these allegations with kidnapping the judge would toss the charges on the first hearing and probably have harsh words, if not more, for the prosecution.

[former9thward]

34. The internet lawyers will reject all your points.

It is useless.

[democratisphere]

26. Kavanaugh is also apparently a blackout drunk which this whimp

may attempt to use as part of his feeble defense.

[mikeysnot]

27. I pointed out that they were breaking the law

Underage drinking in 1983 was against the law, who supplied the alcohol?

Why is being an underage drunk SC material.

This is one big shit show.

[badgolfer]

29. Kavanaugh

I keep wondering why these two guys had to cover her mouth and turn up the music.

Does that indicate that there were people downstairs that could hear the screams?

Were there other people upstairs and nearby?

[Vinca]

38. Yikes! You're right. I hadn't thought of that.

Definitely more than a "teenage prank."