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The New York Attorney General’s report into Governor Andrew Cuomo’s alleged sexual harassment was the result of a civil investigation, but it has since led law enforcement officials to initiate criminal investigations with the possibility that Cuomo be stopped.
The big question is what – if anything – could the governor be accused of? Albany County Sheriff Craig Apple on Sunday hinted at a possible outcome in the case involving Brittany Commisso, the executive assistant who made the most serious allegations against the governor.
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“It would probably be a misdemeanor, maybe a couple,” Apple said at a press conference.
Criminal defense attorney and former Brooklyn prosecutor Julie Rendelman agreed with this assessment, based on Commisso’s claim that in one case Cuomo grabbed her buttocks while they were taking a selfie and on another occasion she slipped under her blouse and cupped her chest over her bra.
“Assuming that a full investigation by the district attorney’s office supports Ms. Commisso’s allegations, Governor Cuomo is potentially considering two misdemeanor charges, forced touching and third-degree sexual abuse,” Rendelman told Fox News.
According to statutory language, forced contact is when a person “forcibly touches the sexual parts or other private parts of another person in order to degrade or mistreat that person, or in order to satisfy the sexual desire of another person. the person[.]”
Third-degree sexual abuse occurs when a person “subjects another person to sexual contact without that person’s consent.” Sexual contact is defined as “any contact with the sexual parts or other private parts of a person for the purpose of satisfying the sexual desire of either party … whether directly or through clothing” .
CUOMO SEXUAL HARASSMENT INVESTIGATION: READ THE FULL REPORT
As for possible penalties, forcible touching is a Class A offense with a maximum penalty of one year in prison, and third-degree sexual abuse is a Class B offense which carries a maximum of 90 days.
Cuomo, through his attorneys at law firm Arnold & Porter, criticized the way the Attorney General’s investigation handled Commisso’s allegations, particularly his alleged failure to mention the alleged date on which he would have groped his chest to witnesses.
Brittany Commisso is one of 11 women named in a scathing report by New York State Attorney General Letitia James, who alleged that Cuomo sexually harassed several women and violated federal and state laws. Cuomo has denied any wrongdoing. Until now, Commisso had remained anonymous, referred to only as “Executive Assistant # 1” in the report.
(CBS this morning / Getty Images)
“Although you have apparently been aware of this date for some time, it appears that you refused to provide this information to any of the Chamber’s witnesses or their counsel and, instead, waited for the governor’s testimony on July 17 to ask questions about his activities on that date, “the attorneys said in a response to investigators. Cuomo’s attorneys said this deprived the witnesses of an opportunity to discuss that day and the possibility that the alleged incident could not have occurred at that time.
“This approach raises questions of rigor, as well as the extent to which you have sought out evidence that may prove inconsistent with the complaints, despite your promise to ‘act wisely and follow the facts wherever they lead'” , indicates the letter.
While not an outright denial, Cuomo maintained that he had never touched anyone inappropriately. Further, as Rendelman notes, criminal cases require prosecutors to pass the evidentiary hurdle beyond a reasonable doubt.
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“This standard is much higher than in the civilian arena,” Rendelman said. She predicted that Cuomo’s lawyers would seek to sow the seeds of doubt by questioning Commisso’s credibility.
“While it is too early to say what the possible defenses might be, Cuomo’s attorneys will do everything possible to raise questions about the complainant’s credibility and any potential ulterior motives for her to come forward. . “
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