Entertainer Bill Cosby being sentenced to a prison in Pennsylvania was very much a part of the national discussion as U.S. District Court Judge and Supreme Court nominee Brett Kavanaugh faced Dr. Christine Blasey-Ford’s rape accusation before the U.S. Senate Judiciary committee two days later.
Anyone who really listened to Blasey-Ford’s U.S. Senate Judiciary testimony heard her describe the legal “elements” of Kavanaugh’s “offense” of “rape” against her as a victim under Maryland’s annotated code. Maryland’s sex crimes laws are so “Puritan” that even oral sex was codified by a past Christian-controlled legislature as an illegal “unnatural sex act” and that law is still on the books.
Cosby’s prosecution and conviction rested on Andrea Constand’s word alone and Pennsylvania’s rape law that he drugged and had sex with her. The legendary performer found himself facing charges in state where the chance for a victim to file a complaint expires in 12 years. There’s no statute of limitations for rape in Maryland and Kavanaugh testified before federal Senators that he knew. Critics think it explains the reason he balked at supporting an FBI investigation of Ford’s allegation when encouraged to do so by Illinois U.S. Senator Dick Durbin.
Kavanaugh as an attorney knew his accuser’s scripted testimony could solidly land him in the “rape” box under Maryland’s annotated code now that President Donald Trump has ordered FBI agents to question witnesses. Kavanaugh and his witnesses can say anything in statements signed by lawyers and to reporters. It’s a federal offense to lie to FBI agents.
Kavanaugh didn’t call for an FBI investigation. President Donald Trump did right before U.S. Senator Charles Grassley had scheduled a judiciary committee vote. Kavanaugh in his testimony spent time defending Trump and disrespecting members of the U.S. Senate. He may live to regret not spending time defending himself against Blasey-Ford’s searing and emotionally-charged rape claim.
Blasey-Ford’s testimony established that she was a minor of either 14 or 15 years of age and that Kavanaugh was older when they attended a house party in Chevy Chase, Maryland. Whoever organized the party supplied beer to her and other minors. Ford testified that she drank one beer. Kavanaugh falsely claimed it was legal for high school seniors of 18 to drink beer. Maryland raised the drinking age to 21 on July 21, 1982. Kavanaugh turned 18 on February 12, 1983. His drinking was always illegal and under-aged.
Blasey-Ford testified that after drinking her beer she went upstairs. Brett, she said, was “visibly” drunk before she hit the stairs.
Blasey-Ford testified to being pushed to a bedroom when she got to the top of the stairs by someone she couldn’t see. Brett and Mark Judge entered the bedroom she’d been pushed in and the door was locked behind them. Blasey-Ford said she was pushed onto the bed and “Brett got on top of me” she told senators. From there Blasey-Ford wrote words Kavanaugh said he had not read that fell within the lines of Maryland’s rape statute.
“He began running his hands over my body and grinding his hips into me. I yelled, hoping someone downstairs might hear me, and tried to get away from him, but his weight was heavy. Brett groped me and tried to take off my clothes. He had a hard time because he was so drunk, and because I was wearing a one-piece bathing suit under my clothes. I believed he was going to rape me.
I tried to yell for help. When I did, Brett put his hand over my mouth to stop me from screaming.This was what terrified me the most, and has had the most lasting impact on my life. It was hard for me to breathe, and I thought that Brett was accidentally going to kill me.”
Maryland’s revised statute offers definitions for rape offenses that fall within the range of Ford’s tightly-measured testimony describing what took place the night Kavanaugh made her a victim of a sexual assault she was 100 percent certain he’d committed. While Trump and Congress’ Republican senators have added the word “corroboration” to what constitutes a provable offense; corroborating witnesses are not a requirement or element of Maryland’s rape statute.
Ford’s testimony as it compares to Maryland’s rape statute describes her as being a “mentally incapacitated individual” who because of “a drug, narcotic, or intoxicating substance, or because of an act committed on the individual without the individual’s consent or awareness, is rendered substantially incapable” of “appraising the nature” of Brett’s individual conduct and “resisting vaginal intercourse, a sexual act or sexual contact.”
Maryland’s statute very thoroughly describes a person who is “physically unable to resist” as another element Ford established in her testimony. At all times Ford told the U.S. Senate Judiciary Committee that she was verbally resisting despite Brett’s body, hands, arms and possibly legs being used to restrain her own body to the bed.
When he allegedly placed his hand over her mouth Ford demonstrated how Kavanaugh satisfied another element of Maryland’s rape law as he prevented her from communicating the “unwillingness to submit to vaginal intercourse, a sexual act and his sexual contact” she’d already expressed with her cries for help.
She wasn’t consenting under Maryland law and Ford testified that she was “physically unable to resist” until Judge fell on the bed and caused them all to tumble off. Only then could she escape.
Ford’s testimony that Kavanaugh placed his hand over her mouth took him into the list of acts “prohibited” under Maryland’s rape statute as she stated that it was hard for her to breathe; and that she thought the supreme court justice candidate as a teenager was going to kill her.
There’s an element of the statute that places pressure on Judge, Kavanaugh’s friend, as an accomplice; and as another prohibited act under Maryland law. Ford was clear about the identities of two individuals who were in the room and participating in her rape regardless if anyone else corroborates her story. Constand needed no corroboration to get Cosby convicted.
Both Brett and Mark were drunkenly laughing during the attack. They both seemed to be having a good time.Mark was urging Brett on, although at times he told Brett to stop. A couple of times I made eye contact with Mark and thought he might try to help me, but he did not.
Arizona prosecutor, Mitchell, seemed to quietly aid Blasey-Ford as her line of questioning firmly established that Kavanaugh knew his fate wasn’t yet sealed when she sought an understanding of his knowledge of Maryland’s rape statute and the fact he’d be investigated by Montgomery County police.
“Are you aware that this type of offense would actually be investigated by local police?” Mitchell asked.
“Yes. I mentioned Montgomery county police earlier. Yes,” Kavanaugh responded. “That’s my understanding.”