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Question on the E.J. Carroll rape hearing (Original Post) bluestarone Mar 24 OP
Unfortunately, it was a civil trial, not criminal... getagrip_already Mar 24 #1
So, no chance that he could be charged bluestarone Mar 24 #4
For that? Waaaay past statute of limitations getagrip_already Mar 24 #9
TY. yea past time. bluestarone Mar 24 #11
OOOhhh good question mysteryowl Mar 24 #2
The trial was a civil trial for defamation, not rape. Though it had to be determined that he did rape her Bev54 Mar 24 #3
Yea, that's what i mean i did hear the judge said he WAS guilty of rape. bluestarone Mar 24 #6
"Guilt" is a term in criminal law. It isn't used in civil litigation and the judge didn't use it. Ocelot II Mar 24 #10
Well, at the very least bluestarone Mar 24 #15
Actually, he was charged with rape... getagrip_already Mar 24 #12
Firstly he was not charged with rape, it was a civil trial so there were no "charges" by any law enforcement Bev54 Mar 24 #16
Poorly worded... he was accused by her.. charged if you will getagrip_already Mar 24 #19
I am sure that is the part that bothers Trump the most, is that she couldn't tell his penis apart from a Bev54 Mar 24 #20
He wasn't charged, he was sued. Ocelot II Mar 24 #17
It was a civil trial. He was never criminally convicted as a sex offender. Ocelot II Mar 24 #5
TY! bluestarone Mar 24 #7
If there was a God, Old Crank Mar 24 #8
You got that right! bluestarone Mar 24 #14
A stupid thing called statute of limitations... TSExile Mar 24 #13
He wasn't tried criminally. hlthe2b Mar 24 #18

getagrip_already

(15,034 posts)
1. Unfortunately, it was a civil trial, not criminal...
Sun Mar 24, 2024, 11:29 AM
Mar 24

And while that isn't much of a distinction to victims, it is to the sex offender notification acts.

Sad.

getagrip_already

(15,034 posts)
9. For that? Waaaay past statute of limitations
Sun Mar 24, 2024, 11:39 AM
Mar 24

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.

Bev54

(10,106 posts)
3. The trial was a civil trial for defamation, not rape. Though it had to be determined that he did rape her
Sun Mar 24, 2024, 11:31 AM
Mar 24

for there to be defamation.

bluestarone

(17,169 posts)
6. Yea, that's what i mean i did hear the judge said he WAS guilty of rape.
Sun Mar 24, 2024, 11:33 AM
Mar 24

I do understand now that it was civil, not criminal. TY

Ocelot II

(116,079 posts)
10. "Guilt" is a term in criminal law. It isn't used in civil litigation and the judge didn't use it.
Sun Mar 24, 2024, 11:40 AM
Mar 24

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

(17,169 posts)
15. Well, at the very least
Sun Mar 24, 2024, 11:48 AM
Mar 24

I'm very happy he LOST! He deserves PRISON, but that's the way it goes, i guess.

getagrip_already

(15,034 posts)
12. Actually, he was charged with rape...
Sun Mar 24, 2024, 11:43 AM
Mar 24

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

(10,106 posts)
16. Firstly he was not charged with rape, it was a civil trial so there were no "charges" by any law enforcement
Sun Mar 24, 2024, 11:55 AM
Mar 24

He was accused of and found liable for.

getagrip_already

(15,034 posts)
19. Poorly worded... he was accused by her.. charged if you will
Sun Mar 24, 2024, 12:10 PM
Mar 24

This is how she did it...

However, New York state enacted a law in November of last year that allows individuals to file lawsuits against alleged sexual abusers, even if the abuse occurred decades ago.


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

(10,106 posts)
20. I am sure that is the part that bothers Trump the most, is that she couldn't tell his penis apart from a
Sun Mar 24, 2024, 01:09 PM
Mar 24

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

(116,079 posts)
17. He wasn't charged, he was sued.
Sun Mar 24, 2024, 11:55 AM
Mar 24

"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.

bluestarone

(17,169 posts)
14. You got that right!
Sun Mar 24, 2024, 11:43 AM
Mar 24

IF there is an under aged girl out there, wish she would come forward and put this nasty monster where he belongs.

TSExile

(2,602 posts)
13. A stupid thing called statute of limitations...
Sun Mar 24, 2024, 11:43 AM
Mar 24

...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 Carroll’s 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.

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