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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf E. Jean Carroll prevails in her case against Trump...
can we call him a convicted rapist?
A friend wants to know.
usedtobedemgurl
(1,154 posts)It is a civil trial not a criminal one. But I will call him a rapist, convicted or not.
Effete Snob
(8,387 posts)I like that.
Ill stick with Trump because its the ugliest noun I know.
Ocelot II
(116,011 posts)He might be held liable for the torts of defamation and battery and ordered to pay money damages to Carroll. That's it. You can call him a rapist but as far as the criminal law is concerned, he was never charged or convicted of that crime.
GenXer47
(1,204 posts)I had the same question but more specifically; if I were to run an ad referring to "Trump the Rapist", could I be sued for libel?
I'm sure I could call him rape-liable but that just doesn't roll off the tongue as well.
Ocelot II
(116,011 posts)because that would be true, assuming that happens (and I think it will). You just can't publish a statement that he's a convicted rapist because a finding of liability in a civil case isn't the same as a conviction.
Hugh_Lebowski
(33,643 posts)Ocelot II
(116,011 posts)if that's specifically what the plaintiff alleged. The dictionary definition of "rapist" is simply "a person who commits rape," and "rape" is defined as "unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against a person's will." "Unlawful" might narrowly mean only something that is prohibited by statutory, i.e., criminal, law, but the broader meaning is "not conforming to legality, moral law, or social convention." If a person can recover damages for committing a particular act, even one that is not specifically criminal, that act would certainly be unlawful - if it wasn't unlawful, the law wouldn't provide a remedy. Rape is, of course, also a crime, but TFG couldn't be prosecuted only because the criminal statute of limitations had run long ago. This is a whole lot of parsing, but if the jury determines that he is liable for damages for battery in the form of sexual assault, to say that he has been adjudicated a rapist, or that he had been found to have committed rape, would not be a false statement.
Hugh_Lebowski
(33,643 posts)PJMcK
(22,075 posts)Thanks for taking the time to write that detailed explanation. Much appreciated.
In the end, I call the traitor, Trump. Its the ugliest noun I know.
Tommy Carcetti
(43,235 posts)But we can call him a liable defamer.
PJMcK
(22,075 posts)Anything I want.
Tommy Carcetti
(43,235 posts)But that doesn't mean it would be factually accurate.
Which is sort of the whole point of civil actions for defamation.
PJMcK
(22,075 posts)Its the ugliest noun I know.
Tommy Carcetti
(43,235 posts)LetMyPeopleVote
(145,972 posts)Tetrachloride
(7,911 posts)cases. But he doesnt.
call him a rapist . he wont do much except bluster.
world wide wally
(21,762 posts)llmart
(15,569 posts)I don't really care if it's legally correct or not. If the GOP can use all sorts of incorrect labels for our Democrats and get the media to use them also, then we need to hang this one around their necks from now until President Biden wins the next election.
While Dems are dicking around about semantics, the GOP is lying their asses off and the media repeats it ad nauseum.