Monday, April 27, 2015

So, now it's not rape?

Tossing out the use of Ambien doesn't means a sexual assault did not occur.

So, now it's not rape?

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Robert Kerns

Wow! Twice in one year!

First Mayor Nutter admitted he was wrong to shut down libraries during the (ever-lasting) budget crunch.

Now we have Montgomery County D.A. Risa Ferman admitting her staff screwed the pooch in reading a toxicology report. As a result of their error, she dropped charges against Robert Kerns, former Montco GOP leader, accused of raping a woman on the staff of his law firm.

Much of the case entwined the allegation that Kerns got the woman woozy and then plied her with Ambien, which knocked her out. But there was no Ambien in her blood stream.

Ambien or not, the woman still claims she was raped.

Kerns isn't off quite yet. Ferman is forwarding the case to state Attorney General Kathleen Kane, feeling Montco could not proceed with it because of the error.

Kerns needs to face the music in a court of law. I am not convicting him and I'm pretty sure his defense will be that the sex was consensual. (Current law pretty much holds that a drunk woman can't give consent.)

Whatever happens, Ferman did the right thing. Some D.A.'s would proceed with a prosecution even with tainted evidence.

Not only would, but have.



Daily News Columnist
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Stu Bykofsky has been a columnist with the Philadelphia Daily News since 1987. Prior to the column, his assignments included theater critic, TV critic, copy editor, general assignment features reporter. He supports civil-rights and animal causes, he opposes political correctness, bicycles on the sidewalk and most other forms of selfishness and stupidity.
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