this post was submitted on 31 May 2024
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[–] pyre@lemmy.world 1 points 5 months ago (1 children)

is that the terminology because of a civil case?

[–] PlainSimpleGarak@lemm.ee -1 points 5 months ago (1 children)

Jurors rejected E. Jean Carroll's claim of rape. They found Trump liable for sexual abuse. But sexual abuse doesn't sound as spicy as rape so people are content to misinform others.

[–] ASeriesOfPoorChoices@lemmy.world 3 points 5 months ago* (last edited 5 months ago) (1 children)

you've confused the legal definitions with the layman use of the word.

To quote Judge Kaplan "clarified that the jury had found that Trump had raped Carroll according to the common definition of the word."

  • New York Penal Law defines rape as vaginal penetration by the penis, which Carroll stated perhaps entered only "halfway".
  • A state law passed in late January 2024 expanded the state's legal definition of rape to include nonconsensual vaginal, anal, and oral contact, effective non-retroactively beginning in September 2024.
[–] PlainSimpleGarak@lemm.ee 0 points 5 months ago

I'm only interested in legal definitions as it's objective, and layman can be subjective.

Also, wouldn't halfway penetration still be penetration? Why would this not qualify as rape? Or is this due to her uncertainty via using the word "perhaps"?