Barely two weeks ago I wrote that a court determined Donald Trump is a rapist. At Trump’s effective invitation to do so the same court has again ruled that Donald Trump is a rapist. You can read that new decision HERE.
E. Jean Carroll had two lawsuits against Trump alleging defamation and sexual assault. The first of these was delayed because Trump made them as President and the courts had to resolve the thorny question of whether Trump’s defamation was protected by Presidential immunity. The courts would eventually conclude the statements were not within the broad scope of presidential related matters and therefore not so immune.
As that was sorted out, Trump left office and as a normal citizen essentially repeated the defamatory words. Carroll sued him again in a case the court has referred to as “Carroll II.” That case, not having the daunting question of Presidential immunity to resolve, went to trial first. In the course of that trial Trump was deposed and made a number of damning statements that undermined his defenses and bolstered Carroll’s case. At the trial, in front of the jury, Trump declined to testify at all, which can be used against him in a civil trial such as this one.
Ultimately the jury ruled in Carroll’s favor, and awarded her $5 million in damages and punitive penalties. In response to this jury verdict Trump, at one of his typical MAGA rallies, repeated the defamation yet again. Carroll responded by amending her complaint in the first case (Carroll I) that was delayed, but moving again, to include the new defamatory comments made after the jury verdict in Carroll II.
Trump then counterclaimed (counter sued) claiming Carroll defamed him when after the decision in Carroll II she publicly said that Trump raped her. Today the court dismissed Trump’s counterclaim on the simple grounds that what Carroll said was true. Trump did rape her.
The judge followed the reasoning explained in my article two weeks ago. The jury said Trump did not rape her only under a very narrow definition of rape from the New York penal code that requires penetration of the vagina by the penis. However, the jury found Trump’s fingers forcibly penetrated and that is rape by common use of the word and according to many federal and state jurisdictions.
In the words of the court, Carroll’s assertion that Trump raped her is “substantially true.” The judge added the following statement which should be freely quoted:
“there was ample, arguably overwhelming evidence, that Trump forcibly digitally penetrated Ms. Carroll . . . It is accordingly the truth, as relevant here, that Mr. Trump digitally raped Ms. Carroll.” See p. 17 of the decision.
As the court ruled previously: “Mr. Trump deliberately and forcibly penetrated Ms. Carroll’s vagina with his fingers, causing immediate pain and long lasting emotional and psychological harm.”
With that in mind let’s go through how rape is defined by various sources other than the New York Penal Code.
Florida: As Trump is a resident of Florida let’s start there. Florida does not have a law that uses the term “rape.” Rather the charge is “sexual battery” and it is defined by Florida Criminal Code § 794.011 as: “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.” What Trump did meets the requirements of this major felony in Florida.
Uniform Code of Military Justice: As Trump seeks to again become the Commander in Chief this seems a fair one to use as well. Article 120 of the Manual for Courts Martial defines rape (in relevant part) as: “a sexual act upon another person by using unlawful force against that other person.” This provision defines “sexual act” as: “the penetration, however slight, of the vulva or penis or anus of another by any part of the body or any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.” What Trump did meets the definition of rape under the Uniform Code of Military Justice.
Common Definitions, Dictionary.com: Dictionary.com defines rape as: “unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, with or without force, by a sex organ, other body part, or foreign object, without the consent of the person subjected to such penetration.” What Trump did meets this common usage definition of rape.
Common Legal Definition, Black’s Law Dictionary: Black’s Law Dictionary defines rape as: “The penetration, no matter how slight, of the vagina or anus with any body part or object . . . without the consent of the victim.” What Trump did meets this legal definition of rape.
A court has looked at the evidence and twice determined that Donald Trump is a rapist. A vote for Trump is a vote for rape.
