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hlthe2b

(114,070 posts)
89. NY statutes are very specific to the definition of "penetration" and even Carroll said she could not
Tue May 9, 2023, 05:58 PM
May 2023

be certain of PENILE penetration or penetration beyond use of fingers. That does not diminish the jury's belief in her and their findings for her account at all.

The New York Penal Code gives “sexual intercourse” its “ordinary meaning” which is penetration, however slight, of a vagina by a penis. Digital penetration and penetration by an object are not included in the definition. Thus, where penetration is digital, the charge would not be rape, but aggravated sexual abuse.


But for those downplaying this liability finding, I'd note that finger or foreign body penetration is considered rape in some other states. Please do NOT diminish Carroll by suggesting a level of disbelief on the part of the jury. They followed the specific wording of the law and Carroll herself was less than certain of penile penetration (which unintentionally says something rather derisive about Trump as well, frankly).

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0 members have recommended this reply (displayed in chronological order):

Excellent! Ocelot II May 2023 #1
Seconded PRETZEL May 2023 #4
I'll bet BonnieJW May 2023 #44
Whooo-hooo! wryter2000 May 2023 #2
Maybe he was actually anti-Trump? LiberalFighter May 2023 #22
Maybe he listened carefully to the facts in the case and acted according to the law. Midnight Writer May 2023 #103
I'm thinking he might not have heard all of the data about the case. All new to him. LiberalFighter May 2023 #104
I was talking to my husband this morning Tree Lady May 2023 #55
I've been hitting refresh over and over. Good news. underpants May 2023 #3
Woo hoo! Vinca May 2023 #5
Thanx be... sprinkleeninow May 2023 #6
This is the appetizer...now on to the main courses. OAITW r.2.0 May 2023 #7
+1 Laura PourMeADrink May 2023 #65
but we'll have to eat fast housecat May 2023 #83
ALL RIGHT! Good news. nt CaliforniaPeggy May 2023 #8
Good. Vindication for Carroll and the 25 others who accused him of sexual assault Jarqui May 2023 #9
I hope they require him to pay it immediately. LiberalFighter May 2023 #10
So about $5m total? getagrip_already May 2023 #11
Yep. Can't wait to see how this plays out. nolabear May 2023 #13
K and R Quixote1818 May 2023 #12
Not guilty of rape. Susan Calvin May 2023 #14
Trump: "But I couldn't get there" NullTuples May 2023 #20
apparently he couldn't or didn't have intercourse. Demsrule86 May 2023 #27
I can hear him seizing on that: "Not guilty! No rape!" just like "Not guilty! No collusion!" LaMouffette May 2023 #32
My thoughts exactly LiberalLovinLug May 2023 #62
And his cult members, both voters and Republican politicians, will all join the "Not guilty!" chorus LaMouffette May 2023 #102
Your amounts are wrong. Edit: never mind. TwilightZone May 2023 #15
Yessss! burrowowl May 2023 #16
Soon Traildogbob May 2023 #17
Becuz that's $5M less that she can spend..... lastlib May 2023 #45
I wonder what Tapioca's bill is for losing this case? NBachers May 2023 #18
Hearing Rump's habit Jerry2144 May 2023 #38
Rec. nt BlackSkimmer May 2023 #19
Even if the jury felt there was insufficient evidence for a rape conviction, it doesn't mean it didn lindysalsagal May 2023 #21
RAPE in this context requires penetration (intercourse). Not sure that was ever claimed. brooklynite May 2023 #31
pretty sure she did claim it Kali May 2023 #46
Apparently she said she wasn't sure because she couldn't see it. nolabear May 2023 #57
*snicker* Kali May 2023 #64
So small it just couldn't bridge that gap. TheBlackAdder May 2023 #68
... nolabear May 2023 #73
Oh, well... There's that uponit7771 May 2023 #81
NY statutes are very specific to the definition of "penetration" and even Carroll said she could not hlthe2b May 2023 #89
It was a civil case so not "beyond a reasonable doubt"... CaptainTruth May 2023 #90
SO Unanimous.. DT is a Rapist! Cha May 2023 #23
They voted no on rape. TwilightZone May 2023 #25
Sexual assault is rape without intercourse. Demsrule86 May 2023 #29
They were specifically asked about them separately. They voted no on rape. TwilightZone May 2023 #30
I never claimed rape. I posted sexual abuse. brooklynite May 2023 #34
Your numbers were wrong and your info was incomplete. TwilightZone May 2023 #43
And it will continue forever. BlackSkimmer May 2023 #48
Am I missing something? She posted an incomplete amount grantcart May 2023 #58
YMMV Orrex May 2023 #72
Mahalo For Setting me Straight, Cha May 2023 #37
I'd think that sexual assault fits better than sexual harassment. wnylib May 2023 #93
5 million dollars total, is my math right? sarcasmo May 2023 #24
GOT HIM!! lastlib May 2023 #26
I was diagnosed with Covid 19 yesterday... Scottie Mom May 2023 #28
LOL! I hope so! LymphocyteLover May 2023 #33
I swear that verdict renewed my health and... Scottie Mom May 2023 #40
I know when he was indicted previously by Alvin Bragg, it gave me a high that lasted for a few days LymphocyteLover May 2023 #56
Glad you're Feeling Better, ScottieMom! Cha May 2023 #42
Thanks...this verdict appears to be a healing potion! Scottie Mom May 2023 #47
Right! I'm feeling pretty damn good myself.. lol Cha May 2023 #59
Happy dance for your healing! niyad May 2023 #86
Yaasss! iluvtennis May 2023 #35
I need to buy another bottle of champagne LymphocyteLover May 2023 #36
Jury said no on rape because LiberalFighter May 2023 #39
First thing that popped into my mind. nt Susan Calvin May 2023 #49
She apparently couldn't tell if she was penetrated by his penis or his finger. JustABozoOnThisBus May 2023 #50
But what about the evidence that she claims she had on her dress? llmart May 2023 #69
Was any such evidence presented? JustABozoOnThisBus May 2023 #101
wow. ok. Looks like I missed a lot of details. nt ecstatic May 2023 #52
Meh..what's the big deal?? VGNonly May 2023 #85
calling Stormy! niyad May 2023 #87
Trump: the Sexual Batterer in Chief LudwigPastorius May 2023 #41
SAP...... Sexual Assaulter President Laura PourMeADrink May 2023 #66
Thoughts and prayers for the ketchup bottles at Mar-a-Lago tonight. 11 Bravo May 2023 #51
Lol grantcart May 2023 #53
Let the whining begin.. Artcatt May 2023 #54
He's already repeating "Witch hunt!" nolabear May 2023 #60
He is pretty much a one trick pony. 3catwoman3 May 2023 #75
"I'm melting! MELTING! Oh, what a world! What a world! ... Jarqui May 2023 #95
"I'm melting! MELTING! Oh, what a world! What a world! ... Jarqui May 2023 #96
Wonder he will setup another money drive for this lost. Smackdown2019 May 2023 #61
Very good Roc2020 May 2023 #63
Can I get some stickers with a mug shot and a public warning NotASurfer May 2023 #67
Oh, I'm sure by the end of the day there will be something like that out on the intertubes. llmart May 2023 #70
Just grab 'em in the wallet--they let you do. it Ponietz May 2023 #71
perfect NJCher May 2023 #97
Yeah, everyone on DU late last night said she wouldn't win. BigmanPigman May 2023 #74
Sorry if this has been asked and answered can he appeal? ALBliberal May 2023 #76
he can appeal NJCher May 2023 #98
A hunk of that territory is gone because they didn't put on a defense Jarqui May 2023 #100
I see more tRump NFT cards coming. PXR-5 May 2023 #77
Yea! Botany May 2023 #78
And The RWNJ Heads Explode Across The Land. Littlered May 2023 #79
Lady Justice strikes again! GreenWave May 2023 #80
I only with I could rec this thread a few million times MissB May 2023 #82
Donald Trump is a rapist, just the same as OJ Simpson is a double-murderer Tarc May 2023 #84
Definitely made my day. niyad May 2023 #88
Schadenfreude! Hekate May 2023 #91
Ketchup time in Mar-a-Loco 😅 onetexan May 2023 #92
Forbes identified 133 billionaires who donated to TFG.. Permanut May 2023 #94
Tough luck Donny boy Yo_Mama_Been_Loggin May 2023 #99
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