Procrustes Stretched
Dante's Manifesto
Trump Lawsuit Against ABC Argues New York Penal Law "penile penetration vs digital penetration"
In a sexual assault case in May of last year, a jury found Mr. Trump had “sexually abused” E Jean Carroll. That jury found that Mr. Trump had not “raped” Ms. Carroll. Why? Because under New York state law, "rape is defined as penile penetration whereas the jury found that he had digitally penetrated her."
Yet,
In a later legal challenge, the federal judge presiding over the Carroll sexual assault case, Lewis Kaplan, concluded that the jury’s finding that she had failed to prove Trump had raped her under New York’s definition did not mean she failed to prove “rape” as many people understood it. He said the jury’s verdict had established that Trump “raped” Carroll, “albeit digitally rather than with his penis”.
Trump Lawsuit Against ABC Argues New York Penal Law "penile penetration vs digital penetration"
Judge refuses to dismiss Trump’s defamation suit against ABC News and George Stephanopoulos over rape claim
While a Manhattan federal jury last year found that Trump sexually abused Carroll, and held him liable for battery, the jury did not find that she proved her claim that he raped her. However, months later, while dismissing Trump’s countersuit against Carroll, US Judge Lewis Kaplan concluded that the claim Trump raped Carroll was “substantially true,” writing that “he ‘raped’ her in the broader sense of that word, as people generally understand it, though not as it is narrowly defined by New York state law.
In the Trump-ABC lawsuit, US District Judge Cecilia Altonaga, an appointee of former President George W. Bush, wrote Wednesday that these definitions were different enough to let the case move forced.
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