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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsQuestion on the E.J. Carroll rape hearing
Why doesn't TFG have to wear a sex offenders bracelet?
getagrip_already
(15,897 posts)And while that isn't much of a distinction to victims, it is to the sex offender notification acts.
Sad.
bluestarone
(17,679 posts)Criminally,ever?
getagrip_already
(15,897 posts)She was an adult when he raped her, so the statute of limitations applies.
She was only able to sue him civil because nys passed a one year exception to allow rape victims to bring civil suits beyond the statute of limitations. He also defamed her.
But criminal charges for that rape can't be brought.
Now if a woman who was a minor when she was raped comes forward with credible evidence, he could be charged since I don't believe there is a sol for child rape.
bluestarone
(17,679 posts)mysteryowl
(7,533 posts)Maybe because it was a civil judgement vs criminal?
Bev54
(10,704 posts)for there to be defamation.
bluestarone
(17,679 posts)I do understand now that it was civil, not criminal. TY
Ocelot II
(117,874 posts)If you lose a civil trial you are liable for damages. If you lose a criminal trial you are guilty of a crime. The judge in the Carroll case did not say Trump was guilty of rape, since that would mean he had been convicted of the crime of rape, which he wasn't. What the judge said was that Carroll told the truth when she said Trump had raped her, and that the common understanding of the word "rape" is broader than the narrow definition under New York law. https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.212.0.pdf
bluestarone
(17,679 posts)I'm very happy he LOST! He deserves PRISON, but that's the way it goes, i guess.
getagrip_already
(15,897 posts)It was one of the charges, it just wasn't proven because of the definition used in nys.
This was allowable because nys passed a bill allowing past victims of rape to bring civil charges against their abusers for 1 year, even if the crime was beyond the statute of limitations criminally.
He was found responsible of sexual abuse however, which was also charged.
Bev54
(10,704 posts)He was accused of and found liable for.
getagrip_already
(15,897 posts)This is how she did it...
She sued him for rape and sexual battery, in addition to defamation.
The jury found in her favor on the second two, but because had such a sorry little penis, carrol couldn't tell if it was his stubby little finger or penis in her. Nys only defines rape as being by penis penetration.
Bev54
(10,704 posts)pinky finger. I am sure being accused of rape, he probably thinks it makes him look tough, a man, he is so demented, but he does not want people to think he has a tiny penis, it doesn't fit his idea of himself, much like his lack of wealth that is being exposed now.
Ocelot II
(117,874 posts)"Charged" is a criminal law term; it means accused of a crime. The statute of limitations had run on the crime of rape so he couldn't be charged by the state. He had to be sued by a private party in a civil case.
Ocelot II
(117,874 posts)Old Crank
(4,027 posts)He would be wearing a neck collar with the word rapist flashing all the time.
bluestarone
(17,679 posts)IF there is an under aged girl out there, wish she would come forward and put this nasty monster where he belongs.
TSExile
(3,223 posts)...is why he was never criminally charged. Why there is even such a thing as statute of limitations for sex crimes is an abomination against humanity. There's no statute of limitations for murder, and I would tell lawmakers that a sexual assault is a murder of the soul. Your body is physically alive, but your soul has been murdered. The man who violated me is, as far as I know, living in the same house where he coerced me and is living his best life - free as a bird. E. Jean Carrolls violator ascended to the highest office in our country and is still walking free.
Maybe if more women were in office - NOT the ilk of Nancy Mace and Katie Britt - the Grand Old Patriarchy in this country could be taken down and we'd have REAL reform in this country. Alas, but real change seems to be nothing but a pipe dream.