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In reply to the discussion: OK, definitely need some clarification from our attorneys here. [View all]Effete Snob
(8,387 posts)40. It's on the docket
They used the criminal definitions
page 19
https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.102.0.pdf
18. Sexual Abuse
A person is liable for sexual abuse when he subjects another person to sexual contact
without her consent. The following terms used in that definition have a special meaning:
Sexual contact means any touching of the sexual or other intimate parts of a person for
the purpose of gratifying the sexual desire of either party. It includes the touching of the defendant
by the plaintiff as well as the touching of the plaintiff by the defendant, whether directly or through
clothing. Sexual contact takes place without a persons consent when the lack of consent results
from forcible compulsion.
19. Rape
Under New York law, a person is liable of rape when a person engages in sexual intercourse
with another person by forcible compulsion. It is also required that the sexual act was committed
without consent. Sexual intercourse takes place without a persons consent when the lack of
consent results from forcible compulsion. Forcible compulsion, as mentioned earlier, means to
intentionally compel by the use of physical force.
For purposes of this law, sexual intercourse means any penetration, however slight, of
the penis into the vaginal opening. In other words, any penetration of the penis into the vaginal
opening, regardless of the distance of penetration, constitutes an act of sexual intercourse.
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OK, definitely need some clarification from our attorneys here. [View all]
WinstonSmith4740
May 2023
OP
What was used and if penetration occurred; Rape can involve a foreign object or a penis.
allegorical oracle
May 2023
#53
I guessing it comes down to they didn't find it conclusive that he penetrated her with his penis
Hugh_Lebowski
May 2023
#3
His protests of "no rape" is the first thing that went through my mind.
WinstonSmith4740
May 2023
#7
Reading that she couldn't tell if it was his fingers or penis because it was from behind.
Nevilledog
May 2023
#31
no intercourse for sexual assault...but victim could not be sure he put his penis in her...couldn't
Demsrule86
May 2023
#13
In North Carolina, penetration by penis into vagina is required to meet definition of rape.
yardwork
May 2023
#35
But the judge allowed the Hollywood Access tape too. Trump told the jury exactly who he was
GoodRaisin
May 2023
#56
What are the civil jury instructions? The criminal definition might not apply.
Ocelot II
May 2023
#28