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Outside a sandwich shop in Canada (lemmy.world)

submitted 3 days ago by [email protected] to c/[email protected]

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[–] [email protected] 11 points 2 days ago (1 children)

OK, technically, he was found “liable for battery and defamation”; effectively, though, it was rape.

“The finding that Ms. Carroll failed to prove that she was ‘raped’ within the meaning of the New York Penal Law does not mean that she failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape,’ ” Kaplan wrote.

He added: “Indeed, as the evidence at trial recounted below makes clear, the jury found that Mr. Trump in fact did exactly that.”

Kaplan said New York’s legal definition of “rape” is “far narrower” than the word is understood in “common modern parlance.”

The former requires forcible, unconsented-to penetration with one’s penis. But he said that the conduct the jury effectively found Trump liable for — forced digital penetration — meets a more common definition of rape. He cited definitions offered by the American Psychological Association and the Justice Department, which in 2012 expanded its definition of rape to include penetration “with any body part or object.”

[–] [email protected] 0 points 2 days ago

And in a civil trial you simply need to show that he was more likely than not to have done it. A criminal trial has a higher standard of "beyond a reasonable doubt".

It's not just word games.