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submitted 10 months ago by girlfreddy@lemmy.ca to c/news@lemmy.world

U.S. District Judge Lewis A. Kaplan made the determination in an order in advance of a Jan. 16 trial to determine defamation damages against Trump after a jury concluded Trump sexually abused columnist E. Jean Carroll but did not find evidence was sufficient to conclude that he raped her.

Trump, speaking in Iowa on Saturday as the Republican frontrunning presidential candidate in advance of a Jan. 15 primary, criticized the judge as a “radical Democrat” and mocked E. Jean Carroll for not screaming when she was attacked. “It was all made up,” he said.

Carroll, 80, won a $5 million award last May from a jury that concluded Trump sexually abused her in 1996 in a luxury department store dressing room and defamed her in 2022.

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[-] meco03211@lemmy.world 40 points 10 months ago

I thought there was sufficient evidence to conclude he raped her, but as it was a civil trial and he wasn't found criminally guilty of rape due to statutes of limitations, it was only called "sexual assault"?

[-] azimir@lemmy.ml 32 points 10 months ago

Not exactly. It's due to a wrinkle in New York law. Since she was unable to positively state that when he penetrated her it was with a finger or his penis, the jury could only find him responsible for sexual abuse. In most (if all) other states, it would have labeled rape, but NY has this odd category where it must be a penis to be rape. Since it is unknown what he raped her with, it's officially sexual abuse.

[-] magnetosphere@kbin.social 45 points 10 months ago

I think the fact that she couldn’t tell if it was a finger or a penis is the best low-key insult of Trump’s dick size that I’ve ever heard.

[-] Sharpiemarker@startrek.website 16 points 10 months ago

It isn't the first time his button mushroom has been joked about and it won't be the last, if I can help it.

[-] girlfreddy@lemmy.ca 11 points 10 months ago
[-] PM_Your_Nudes_Please@lemmy.world 8 points 10 months ago

The state law specifically defines rape as penis-in-vagina. Since he only (ugh, I hate using that word here, because it makes it sound like I’m minimizing the attack…) fingered her, it wasn’t technically rape by the state’s very narrow definition. But that judge also said that his PR team couldn’t start going around with the “lol the courts said he didn’t rape her” thing, because the judge accepted that the extremely narrow legal definition and common nomenclature are different. When a regular person thinks “not rape” that usually includes things like fingering.

Trump’s argument feels a lot like the “pedophiles and hebephiles are different, so I’m not technically a pedophile even though I’m attracted to 11 year olds” thing that sometimes gets argued by creeps.

[-] cfi@lemmy.world 3 points 10 months ago

Wouldn't collateral estoppel automatically prevent them from trying that?

this post was submitted on 07 Jan 2024
212 points (98.2% liked)

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