thismeintiel said:
Hey, I believe this assault happened. Welp, in this "legal field" he wishes to create, that should be good enough to disqualify him for any position for the rest of his life. Yikes, what a weird world these people want to live in. Also funny how he speaks about the preponderance of evidence. What evidence? All she has is a story. A story no one backs. A story she has changed several times. If he truly is part of the legal field, he is obviously letting his political bias overshadow true justice.
Well, you would also have to prove beyond a doubt that she made a false accusation to actually charge her with anything. Hard to do given the span of time and when she gives no real specifics that can be checked out. Which was purposely done, IMO. I'm sure they'd use the excuse of memories not always being what actually happened, especially the further out we get from the events, so she honestly thought that was what happened. Something they conveniently disregard when actually making the accusations. Maybe a civil case could be filed, but I doubt Kavanaugh would go through with that. Which is why people talking that she would be hurt more than Kavanaugh for coming out, but he was still confirmed are talking nonsense. These women are rarely charged with anything. And quite a few times, the victims of these attacks are either so relieved that it is over, so they just drop it and move on, or if a case is filed, it's against an establishment that punished them without a conviction because of the accusation. Like a business or school. |
Nope again misunderstanding about criminal and civil procedure. I guess there is no reason for you to understand it unless you have been involved in the legal system itself. The scenario he setup would not be enough in a criminal or civil matter. If he did make enough factual allegations to make a plausible claim on its face, then the defendant (or me in this case I suppose) would be required to answer which can be just a wholesale denial of the plaintiff's complaint along with a move for summary judgment and enough facts to support that summary judgment.
As to the other point, usually no civil case is filed due to the difficulty of proving a defamation case. In other countries it's not so difficult, but the First Amendment has severely limited what can be defamation. The standard is also a tad bit higher at a clear and convincing evidence standard. Judge Kavanaugh has every legal right to file it but it is doubtful he will. Some of those reasons being what you stated such as just wanting the matter to be over with.
