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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNew York law gave jurors three types of battery to consider in the Trump case.
https://www.nytimes.com/2023/05/09/nyregion/jury-trump-carroll-verdict-options.htmlNo paywall
https://archive.is/cArwC
Judge Lewis A. Kaplan on Monday morning walked jurors through a verdict form, explaining what battery meant in the context of a civil lawsuit and that there were gradations of that wrongful act.
He offered three types of battery for which Mr. Trump might be liable under New York law: rape, sexual abuse and forcible touching.
To find that Mr. Trump raped Ms. Carroll, the jurors needed to believe that it was more likely than not that Mr. Trump engaged in sexual intercourse by physical force. The judge explained that any penetration of the penis into the vaginal opening constituted intercourse.
To find that Mr. Trump sexually abused Ms. Carroll, the jurors needed to believe that Mr. Trump subjected Ms. Carroll to sexual contact by physical force. Sexual contact is defined as touching the sexual or other intimate parts of another person, Judge Kaplan said.
Forcible touching, the judge said, includes squeezing, grabbing, pinching, rubbing or other bodily contact that involves the application of some level of pressure to the victims sexual or intimate parts.
*snip*
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New York law gave jurors three types of battery to consider in the Trump case. (Original Post)
Nevilledog
May 2023
OP
More_Cowbell
(2,205 posts)1. Trump's lucky to have what Stormy called a small mushroom
E. Jean Carroll testified that he penetrated her with a finger but she couldn't see/feel if he had penetrated her in any other way. That was why the rape claim wasn't proven.
I don't believe the damages would have been any different, and the failure of one of her claims will make Trump have a harder time claiming that the NY jury was against him.
Old Crank
(4,749 posts)2. Shoots quick
And gropes...
Hortensis
(58,785 posts)3. In some other states with more expansive definitions of rape
that include any vaginal penetration (and some don't require that), that jury would have found him guilty on that charge.