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If E. Jean Carroll prevails in her case against Trump... (Original Post) PJMcK May 2023 OP
No. usedtobedemgurl May 2023 #1
You can call him whatever you want Effete Snob May 2023 #2
Thanks PJMcK May 2023 #4
This isn't a criminal trial and he won't be convicted of anything. Ocelot II May 2023 #3
I'm guessing the question is about slander/libel GenXer47 May 2023 #5
It wouldn't be defamatory if you said a jury concluded he'd raped Carroll, Ocelot II May 2023 #6
Is it accurate to say he was adjudicated a rapist? (nt) Hugh_Lebowski May 2023 #14
If he's found liable, it will be for the tort of battery, which includes sexual assault Ocelot II May 2023 #15
Thanks! (nt) Hugh_Lebowski May 2023 #16
Great response PJMcK May 2023 #18
Nope. Tommy Carcetti May 2023 #7
I like Effete Snob's response, #2 above PJMcK May 2023 #8
I'm sure you can. Tommy Carcetti May 2023 #10
I called him Trump PJMcK May 2023 #12
Won't argue that with you. Tommy Carcetti May 2023 #13
No LetMyPeopleVote May 2023 #9
Trump has had and has now the opportunity to testify in any number of Tetrachloride May 2023 #11
I will world wide wally May 2023 #17
That's what I'm going to call him. llmart May 2023 #19

Ocelot II

(116,011 posts)
3. This isn't a criminal trial and he won't be convicted of anything.
Mon May 8, 2023, 01:56 PM
May 2023

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)
5. I'm guessing the question is about slander/libel
Mon May 8, 2023, 02:01 PM
May 2023

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)
6. It wouldn't be defamatory if you said a jury concluded he'd raped Carroll,
Mon May 8, 2023, 02:04 PM
May 2023

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.

Ocelot II

(116,011 posts)
15. If he's found liable, it will be for the tort of battery, which includes sexual assault
Mon May 8, 2023, 03:36 PM
May 2023

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.

PJMcK

(22,075 posts)
18. Great response
Mon May 8, 2023, 05:05 PM
May 2023

Thanks for taking the time to write that detailed explanation. Much appreciated.

In the end, I call the traitor, “Trump.” It’s the ugliest noun I know.

Tommy Carcetti

(43,235 posts)
10. I'm sure you can.
Mon May 8, 2023, 02:11 PM
May 2023

But that doesn't mean it would be factually accurate.

Which is sort of the whole point of civil actions for defamation.

Tetrachloride

(7,911 posts)
11. Trump has had and has now the opportunity to testify in any number of
Mon May 8, 2023, 02:15 PM
May 2023

cases. But he doesn’t.

call him a rapist . he won’t do much except bluster.

llmart

(15,569 posts)
19. That's what I'm going to call him.
Mon May 8, 2023, 07:11 PM
May 2023

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.

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