Statute of Limitations

This entry springs into existence from mulling the Kavanaugh hearings for the Supreme Court confirmation in the light of Christine Blasey Ford’s allegations.

My knee jerk response, as a guy, upon learning of Ford’s allegations was that the alleged incident happened in high school, more than 30 years ago and should not be part of this hearing. Does a misdeed dog you all your life? Does foolish, maybe criminal behavior, as a youth follow and affect you all life long?

My secondary response was to look up how many states have no statute of limitations on felony sexual assault. Eight (8) states have no statute of limitations, while a total of twenty-seven (27) have defined circumstances that cause no statute of limitations.  I do not know if what Kavanaugh is alleged to have done qualifies as a felony.

Because sexual assault affects and influences the victim’s entire life, I have decided that if Ms. Ford’s allegation is true or simply credible, Kavanaugh should not be confirmed to the Supreme Court. In a he said/she said confrontation, I believe we should lean toward believing the injured party. I am not a fan of Kavanaugh in the first place, so this leap is easy for me to make in this case, but I think we should treat all cases this way.

I think that the statute of limitations on a crime should be extended to a period that mirrors how long the injury affects the victim, if it extends past a legal set minimum— seven years. Any crime that involves violence or trauma to the victim would have a statute of limitation until the victim was done with physical rehab and any therapy to recover from the trauma—which might be their whole life.

On the assumption that the allegation is true, this episode reveals a deeper part of Kavanaugh that I read as a disrespect for other people’s rights. The drunkenness involved is not an excuse, but a door that opened to how he views the world. He is privileged, where other people’s rights do not matter. Not the sort of person I would want on the Supreme Court to enforce the laws of the land in an even and just manner. In fact not the sort of person I want on any federal court bench.

Again, assuming the allegation is true, it brings the question to mind, if Kavanaugh has been an upright person for the last thirty years, are we (society) applying justice or vengeance or something else when putting a big dent in his life by not confirming him to the supreme court? If the assault was prosecuted in the year following the incident with a guilty verdict, would Kavanaugh have made it to where he is today or would he have become an ambulance chasing lawyer or been prevented from all white collar positions in society.

There is something to be said for the victim’s right to closure and knowing society has their back in enforcing the law, even if it is delayed. (Hmm. I am not sure closure is a right, but I do not have a better word for it.)

I disagree with the GOP senator’s idea of pushing Kavanaugh’s confirmation through and concluding hearings with no FBI investigation. To me that smacks of the good ol’ boy network protecting their own in the knowledge they all have past incidents that would not survive scrutiny if they ever came to light.

In the spirit of the golden rule, I think each of us should think before we act and weigh the effect of our actions on the rights of others to the best of our ability. I do not know that this idea is compatible with capitalism and type-a personalities. It is definitely not compatible with manifest destiny if any one continues to use that argument to justify their deeds.

Love & Light

Kenneth

 

3 thoughts on “Statute of Limitations

  1. Dear Kenneth, 1. I believe that Dr. Ford is telling the truth about the incident that happened to her 30+ years ago. No woman would make up these allegations after all this time and suffer the rebuke she is already suffering, and for what gain? (However, her recollection that the assaulter was Kavanaugh could be faulty.) Yes, she should have brought up the incident much earlier than this last minute. 2. Mr. Kavanaugh may have been so drunk that he doesn’t remember the event. Surfacing remarks he’s made at various public events refer to other drunken experiences “better left to the past.” 3. Times have changed. A girl reporting this event back in the 1980s would have been dismissed, especially since the boys were from a prestigious boys’ school. Look at how sexual assaults in athletics and churches were ignored back then. 4. There is no good solution, and a full investigation is necessary to try to determine what did happen. 5. Whether the Republicans steamroll through Kavanaugh’s appointment, or whether his nomination is voted down, this accusation will always taint our perception of his judgment in any case before him. He should not be confirmed to the Supreme Court. My views, Love you, Jean

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