A Closer Look at Sex Crime Allegations against Justice Kavanaugh & What May Be On “Shaky” Legal Grounds

Hearings concerning whether or notice Justice Kavanaugh will be confirmed for placement onto the U.S. Supreme Court have dominated news headlines of late, especially since several accusers have come forward, alleging that Kavanaugh is guilty of committing sex crimes against them. Both of the allegations brought thus far date back to incidents that allegedly occurred while Kavanaugh was in high school or undergraduate in the early 1980s, and involve Kavanaugh assaulting several women and/or engaging in indecent exposure. As a result, a number of Democrats are now calling on the Senate Judiciary Committee to delay any further consideration of his nomination to the Court.

Below, we take a closer look at whether these allegations are at all on precarious legal ground, and if so, why:

First versus Second Allegation

A number of prosecutors have gone on record expressing the existence of some concerns associated with the latest allegations, which relate to indecent exposure during Kavanaugh’s college years. From the standpoint of a criminal trial and how serious sex crimes are defined, the high school sexual assault incident previously described is technically a more “criminally serious” offense than the indecent exposure allegations because it involves allegations that Kavanaugh effectively tried to rape a woman.

Potential Hearsay Problems

In addition, not that this undermines the severity of what might have happened, but according to a report from the New Yorker, the second accuser also did not come forward on her own; rather, reportedly, journalists sought her out after hearing rumors of the alleged assault from third parties. Those who work in sex crimes bureaus within district attorney’s offices have pointed out that, in the context of a trial, this could be problematic because out-of-court statements by third-party witnesses are inadmissible as evidence in court by the hearsay rule (unless an exception is made).

Recollection & Time Passed Issues

The second accuser’s mental state is also relevant when it comes to sex crime allegations. Reportedly, not only is it unclear how much alcohol she drank that night, but it also supposedly took her six days to clarify her recollection of what, exactly, happened, implying that there may be some confusion as to whether it was Kavanaugh who exposed himself, or another student.

What Happens Next?

Reportedly, an Arizona sex crimes prosecutor has been chosen to lead questioning of the witnesses during the next hearing  in late September, which is in connection with the first accusation that Kavanaugh sexually assaulted one woman during high school. This prosecutor will take the lead on behalf of a panel of 11 Republican men.

Contact Our Florida Criminal Defense Attorneys with Any Questions

If you have been accused of sex crimes, as you can see, it can not only land you in jail, but affect your entire life, including your future career prospects. If you live in Florida and have concerns about these types of allegations, contact our criminal defense attorneys today at the Baez Law Firm to find out how we can help.

Resources:

usatoday.com/story/news/politics/2018/09/25/rachel-mitchell-arizona-prosecutor-top-choice-question-kavanaugh-dr-christine-ford/1428271002/

washingtonpost.com/politics/2018/09/24/new-kavanaugh-allegation-is-precarious-legal-ground-former-sex-crimes-prosecutors-say/

foxnews.com/politics/2018/09/25/senate-judiciary-committee-reschedules-vote-on-brett-kavanaugh-for-friday-morning.html