Re: ABC settles "rape" claim re: Pres. Elect.

On 12/15/2024 8:54 AM, Adam H. Kerman wrote:

danny burstein <dannyb@panix.com> wrote:
 

George Snuffalapogous had stated Mr. Trump (not President
at that time) had been found guilty of "rape", when, well,
we all know the legal technicalities and definition and
specific legal issues.

 He did not say "guilty".
  Donald Trump has been found liable for defaming the victim of
that rape by a jury. It's been affirmed by a judge.
 

The NBC Blue Network will pay $15 million to... his
Presidential library...

 

https://www.independent.co.uk/news/world/americas/us-politics/trump-abc-george-stephanopoulos-lawsuit-defamation-b2664508.html

 I'm not buying what the judge wrote last year that the plaintiff proved
"rape" as commonly understood by the public even though no rape had
occurred using the legal definition of "rape". The jury was asked to
make a specific finding of "rape" and they said no. She still won the
case on other points even if not on that point. The judge was wrong to
second guess the jury here on the finding they made on a specific set of
facts.
 Stephanopolous works for ABC News and is held to standards of
journalism, and not the public's common misuse of the word "rape". While
"rape" as a form of battery has a legal definition, it's not obscure nor
is it difficult to understand that while some batteries are rape, others
are not applying the legal definition. Stephanopolous doesn't get to
second guess the jury finding either.
 Trump was defamed, yes, but should have been awarded nominal damages for
the difference in reputational harm between "rape" and "sexual assault",
say $1 and no award of legal fees.
 Sounds like Stephanopoulos tried to brow beat Nancy Mace (Republican
member of Congress from South Carolina first district) during that
interview into withdrawing her support for Trump due to the jury
finding. She can't sue over that as everything's fair in politics.
  From linked stories, E Jean Carroll sued Trump, in a case that went to
trial in 2023, for raping her in a department store dressing room in
1996. It says that the jury found there was a battery but that it was
not a rape. Instead it found sexual abuse had occurred.
 https://www.independent.co.uk/news/world/americas/donald-trump-liable-rape-carroll-b2335570.html
 

I thought it was technically not rape by NY law, it is in other jurisdictions. Penetration occurred, even if not genitally.