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Nevilledog

(51,080 posts)
Wed May 10, 2023, 03:18 AM May 2023

New 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.html

No 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 victim’s 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
Trump's lucky to have what Stormy called a small mushroom More_Cowbell May 2023 #1
Shoots quick Old Crank May 2023 #2
In some other states with more expansive definitions of rape Hortensis May 2023 #3

More_Cowbell

(2,191 posts)
1. Trump's lucky to have what Stormy called a small mushroom
Wed May 10, 2023, 04:58 AM
May 2023

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.

Hortensis

(58,785 posts)
3. In some other states with more expansive definitions of rape
Wed May 10, 2023, 08:34 AM
May 2023

that include any vaginal penetration (and some don't require that), that jury would have found him guilty on that charge.

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