A federal judge Monday dismissed former President Trumpā€™s claim that E. Jean Carroll defamed him in May after a jury found Trump liable for sexually abusing the writer.

The day after the verdict, Carroll appeared on CNN and indicated Trump had raped her. The jury had not found Trump liable for rape under New Yorkā€™s definition, but instead found him liable for sexual abuse.

Trump then claimed Carrollā€™s insistence on CNN amounted to defamation, filing a counterclaim in Carrollā€™s other lawsuit that has not yet gone to trial.

U.S. District Judge Lewis Kaplan on Monday dismissed Trumpā€™s argument, ruling Carrollā€™s statement on the cable network was substantially true and that ā€œ[t]here would have been no different effect on the mind of an average listener.ā€

ā€œThe difference between Ms. Carrollā€™s allegedly defamatory statements ā€” that Mr. Trump ā€˜rapedā€™ her as defined in the New York Penal Law ā€” and the ā€˜truthā€™ ā€” that Mr. Trump forcibly digitally penetrated Ms. Carroll ā€” is minimal. Both are felonious sex crimes,ā€ Kaplan ruled.

Kaplan, a Clinton appointee, separately rejected Trumpā€™s defense that he has ā€œabsolute presidential immunityā€ in the case.

  • Flying Squid@lemmy.world
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    1 year ago

    Not convicted, because it wasnā€™t a criminal trial. But the trial did determine it was a kind of sexual assault that, while not legally fitting the term rape in New York State, can colloquially be considered such. Which is why Carroll has every right to say he raped her.

    • rbhfd@lemmy.world
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      1 year ago

      How does the state of NY define it? But that seems like very clear cut rape to me.

      • Flying Squid@lemmy.world
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        1 year ago

        Without going into the sordid details, Carroll couldnā€™t prove whether Trump used his penis or his finger (although she claims both), and it has to be a penis in New York Law for it to be rape. So it went to the lesser verdict of ā€˜sexual abuse.ā€™ Itā€™s really a technical thing. Most people would consider him using his finger to be rape too, I would wager.

      • Mic_Check_One_Two@reddthat.com
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        1 year ago

        NY defines rape as penetration with a penis. Since he penetrated her with his fingers, it could only be considered sexual assault by NYā€™s definition. Worth noting that she claimed he penetrated her with both, but could only prove in court that he penetrated her with his fingers.

        This judge basically ruled that while he wasnā€™t found guilty of raping her based on NYā€™s narrow definition, the colloquial use of the word rape is functionally what he did to her.

        • nsfw_alt_2023@lemmynsfw.com
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          1 year ago

          Wait. Really? Still? What backwards planet are we still living that one of the largest states has deemed that men canā€™t be raped by women?