22 Dec 2024 8:37 pm
When the trial occurred, digital penetration was defined by NY law as sexual assault. That is what the jury found Trump committed, NOT RAPE. If you have the courage to look at the actual jury verdict form, you will see the jury made an award for sexual assault. They DID NOT award a single dollar for rape...because they found Trump DID NOT COMMIT RAPE. NY criminal code is referenced because it is the law on which the jury was REQUIRED to use when determining a verdict. The DOJ definition of rape is completely irrelevant because, as you love to say, this was a NY civil trial. Besides, juries are never bound by any criminal code in determining an award in a civil trial. They could have awarded Carroll $1 billion if they wanted to. Of course, that award would have immediately been slashed. Lastly, Kaplan...in his filing...was NOT ruling on the accusations made against Trump. His opinion does NOT change the jury verdict. In his filing, he could only change the award amount and make it lower...he could not increase it.Blackvegetable » 22 Dec 2024, 8:44 pm » wrote: ↑
The award was calibrated to the alleged offense, specifically Digital Penetration.
The reason for his filing was his obligation to respond to Team Grifty's petition.
it is a CIVIL MATTER. The only reason NY criminal code is referenced is to distinguish penile from digital penetration.
He didn't have to "search" further than the DoJ definition....in explaining why the jury awarded 2 million.
Because the award was for Digital Penetration. It was much greater than the awards normally associated with cases of Sexual Assault, exactly because the jury wasn't bound by NY criminal code in determining the amount of the award for damages.
"Dismissal" of what?
We all know you and far too stupid to ever understand those facts. You are free to do as everyone in the FAW community...live in your fantasy world.