Don2 (Don1 Revised) said:
You are inconsistent. You wrote degrees of rape. Rape is not sexual assault.
I said "It turns out that yes, there were degrees of rape in 1982 in Maryland, and of other sexual assaults". That is not an inconsistency on my part. At most, if I had said only "rape", I wouldn't have addressed your point direcly, though you should have realized by my citation of the case that it applied to other sexual assaults as well. The "other sexual assaults" part does apply, though.
But if you want, I will exclude the word "rape", and made the point again, adding even more evidence this time:
Don2 (Don1 Revised) said:
Anyone can search digitized newspaper records of Maryland to see that degrees of sex assault were crimes decades before 1982 as well.
But you did not provide a any good evidence of that. I a lot of time trying to figure out whether your claims in this thread (on the legal issue as well as on the matter of whether Kavanaugh did it, etc.) were true. You keep making claims you do not support adequately. Regarding the legal issue, there are claims and counterclaims about what was applicable to Kavanaugh, from people who have (apparently, by their credentials) legal expertise. And you keep implying it's simple. It is not.
It turns out that there were degrees of sexual assaults in 1982 in Maryland. It turns out that no, that was not the case decades before 1982. It was so since 1976 (though there were substantive changes in 1977). I eventually found a ruling, and now a paper as well:
https://casetext.com/case/funkhouser-v-state-4
Funkhouser vs. State said:
About five years ago the General Assembly enacted comprehensive legislation with respect to sexual offenses in which it recognized that there were gradations of severity in the perpetration of the common law crime of rape. Maryland Code (1957, 1976 Repl. Vol., 1981 Cum. Supp.) Art. 27, § 462 and 27, § 463. It classified rape and other sexual offenses by degrees with penalties of varying harshness and spelled out what constituted the crimes it created. §§ 462-464C.
https://scholarworks.law.ubalt.edu/cgi/viewcontent.cgi?article=1168&context=ublr
Briefly stated, the 1976 laws present six possible sexual offenses: first and second degree rape, first and second degree sexual offenses (involving "sexual acts"), and third and fourth degree sexual offenses (involving "sexual contact").
You can read the whole paper for information on the situation before 1976. And you're not doing this right, as explained before.
Now, I haven't been able to find the 1977 version yet (which would be applicable). It turns out there have been substantive changes over time. For example, in 1996, attempted rape was made a felony. It was a misdemeanor before that, with a statute of limitations of 1 year, but after that, there no statute of limitations. And in 2017, sexual offense in the first and the second degree have been repealed, and some of the elements recategorized as first degree rape, and others as second degree attempted rape (
https://law.justia.com/codes/maryland/2017/criminal-law/title-3/subtitle-3/sections-3-305-3-306/ ,
http://mgaleg.maryland.gov/2018RS/bills/sb/sb0812f.pdf).
I've not yet been able to ascertain for sure whether third degree sexual offense changed in any way, and whether it was a felony or misdemeanor in 1982 (now apparently it is a felony, and fourth degree apparently is "generally" not;
https://criminallawyermaryland.net/maryland-sex-crimes-lawyer/common-charges/). Still, since I've said that given Ford's description, assault with intent of rape is probably a fit, all of this is not relevant to the issue of whether he could be prosecuted if there were evidence for that (by the way, I've also spent now a really big amount of time studying the evidence against Kavanaugh on the basis of Ford's testimony, witnesses, etc.; I already thought her case was too weak to bring any charges, on the basis of the evidence I had seen. Now it seems it is even weaker than I thought).