If you’re reading this, you almost certainly lead busier, more productive, exciting lives than I do. So when I see or hear an interesting factoid about a current event, I like to share it, so you get a better context into the event.
I’ll be the first to admit it, when I heard Not Liable on the rape accusation, my heart sank. First, I wanted to use Rapist at least a half a dozen times in my article. But also, I thought to myself, Don’t tell me these silly bastards are going to give him yet another free pass! But no, after that, they nailed him nine-for-nine.
Which still begs the question, if they went 9-9, why not the rape? I know I wondered the same dang thing myself. And then former US Attorney Glenn Kirschner explained it perfectly on MSNBC.
It turns out that rape isn’t just a word, it’s a legal description for a specific crime. And as such, there are specific criteria that must be met in order to charge the crime. And one of those is evidence of forced vaginal penetration.
Which Carroll was unable to provide. Having neither gone to the police, or to a hospital, she was unable to present the kind of vaginal tear evidence that a rape kit could have provided. And since Trump spent three years refusing to submit a DNA sample, Carroll couldn’t provide a match to the semen she claimed was on her outfit.
Yeah, I know. But she told two close friends about the rape immediately afterwards! And she was being as honest as Abe, and so were they. But look at it this way. Any woman, especially in the immediate aftermath of of a violent sexual assault, what woman who was shoved into a department store dressing room, locked in, shoved up against the opposite wall, and sexually assaulted isn’t going to call it a rape? It is a violation of the most personal kind, but legally it isn’t rape. Instead it’s called sexual assault or Sexual abuse.
So how could she prove sexual assault and not rape? Easy. Evidence up the wazoo. Carroll testified in graphic detail. The two friends then testified to her contemporary declarations about the assault. Another woman took the stand who testified that Trump had more arms than an octopus when he repeatedly groped her and jammed his hand between her legs in a first class seat of an airplane in 1979. Then another woman, a writer, took the stand and testified that Trump sexually assaulted her in an alcove at Mar-A-Lago when she was working on a magazine article in 2005. And there are 23 more women lined up behind them. That testimony showed a pattern of conduct, and doesn’t require proof of penetration.
But it was Trump himself who put the final nail in his own coffin. Carroll’s lawyer played a part of his deposition, in which she played the entire Access Hollywood video, raw and uncut. And when she finished questioning Trump, his lawyer, Joey Tacopeewee must have been looking for an oven to shove his head into. The exchange went something like this;
Lawyer:Â So that’s what you said? If you’re a star you’re entitled to grab women by the p*ssies?
Trump:Â That’s what I said at the time, yes
Lawyer:Â And you still believe that? That if you’re a star, you’re entitled to grab women by the p*ssies?
Trump:Â Well, if you look back over the last million years or so, you’ll see that, right or wrong, stars have been able to get away with that kind of behavior.
Lawyer:Â Mr. Trump, do you consider yourself a star?
Trump:Â I think you could say that
Stand up and take a bow, fool! Not only did El Pendejo Presidente defend his statement, he went to great lengths to validate the concept that rich powerful men have been free to grab women by the p*ssies for the last million years. And when asked if he considered himself a star, he blithely replied, I think you could say that. And as a star, why shouldn’t he avail himself of the forbidden pleasures that his predecessors have enjoyed for about a million years?Â
So there ya go. In his explanation Kirschner said that the jury had faithfully executed its charge. because Carroll was unable to provide conclusive proof of forced vaginal penetration, they had no choice but to find for him. But they nailed his orange hide to the wall for everything else. And as much as it disappoints me, I agree with Glenn.
But I want to leave you with one final fact to chew on, and nobody is talking about this yet. In her lawsuit, Carroll didn’t sue The Trump Organization as a codefendant, instead she sued Traitor Tot personally. Which means that if the verdict passes appeal, FrankenTrump can’t use Trump Organization funds to pay off the settlement, it has to come out of his personal pockets. And Trump has made a career of finding ways to pay himself a meager salary, and charge almost all of his personal expenses back to the company. I’m not honestly sure at this point that the schmuck actually has $5 million simoleons in his personal poke. And you can’t wipe out a summary legal judgment by declaring personal bankruptcy. Come on Pampers President. Put on your big boy pants and fork it over. $5 million in long green. Life among the stupid is so satisfying.
Trumpty Dumpty will appeal, he says. So he won’t pay the $5 million right away. But, of course, the more legal fees he dumps into this the more it costs him over the long haul. I haven’t seen an accounting of how much Carroll’s legal fees were but Trump is liable for them as well and if he appeals and loses, same thing.
But I’m sure he will appeal because to not do so is to accept the verdict and pay the judgment and you KNOW he’s not going to do anything that adult and simple — even though to do so would put an end to this.
Of course he’kk appeal Ursula, it’s what he does…But remembert this…In at least some states, if the plaintiff WINS< then the LOSER is responsible for the plainti9ff's legal fees…I have no idea about New York…
There is a more obvious reason why penetration could not be proven ..
Little dick don?
Even rarer than an actual rape going to trial are instances where there’s no physical evidence and it’s the classic case of the victim’s word vs. the rapist’s – and convictions have happened. As I wrote about earlier there was a more nuanced set of testimony by a legal analyst on MSNBC outside the courthouse during Katy Tur’s hour. It included some details of Carroll’s testimony that hadn’t been put out before.
Carroll testified Trump stuck his stubby fingers into her. Also that she kept trying to free herself from his clutches. She further testified that as she struggled to get away she thought his penis (that shortish mushroom headed thingy Stormy Daniels described for us) enter her but since her focus was getting free from his grasp she couldn’t say with absolute certainty. Basically, as she fought to get away at some point she thought he’d gotten his dick into her for a bit but couldn’t say with a hundred percent certainty.
It was on that I believe the jury hung its hat. I likened it to the Brock Turner case at Stanford where Turner was only slightly less drunk than his victim (who’d passed out) and had trouble getting/staying hard as he shoved his fingers into her trying to get her open enough to stuff himself in – which is when the guys came along and stopped the whole thing.
But I don’t accept that legally not getting to reach orgasm or even “pump at least a few times in an out” disqualifies rape.
And I posed a question which I’ll pose here which should make EVERYONE think, even if it turns their stomach: If a person is being sexually assaulted and even if they are unsuccessful in fighting off their attacker’s ability to get their dick to the point of entry and even if ever so briefly inside even is the victim supposed to stop resisting? At least long enough to be able to describe how deeply it penetrated, whether the rapist got to “pump back and forth some”, how big/small/long/short the rapists penis felt etc. and for how long the penetration lasted? So later on they can fend off attacks from dirtbag lawyers, public opinion and even the f**king people on the jury?
THAT is why I’m so enraged by this. Because THAT my friend is EXACTLY what this jury and countless others, as well as men and women too all too often seem to expect from rape victims.
Trump raped Carroll by any moral or legal standard. But, even with progress made by the #MeToo movement there is still a belief that absent a long enough penetration to do vaginal or anal tissue damage, the victim fighting like hell even when the rapist has a knife or gun and is physically far more powerful, even to the point of being beaten to death or stabbed or shot or at least wind up in the ER that “she wasn’t REALLY raped!”
That’s the sickening reality of things even now more often than not. Add in the other stuff like “well, the victim flirted a bit”, was “dressed not modestly enough”, “should have known better than to get in that kind of situation” etc. and you get Trump skating on the rape charge.
We still have a long ways to go. Today was a setback in my mind instead of progress due to the kind of thinking I’ve described. So hours later my outrage hasn’t abated.
Lawrence O Donnell just went question by question with the jury’s answers and the dollar amounts of each charge that Ms. CarrolI won. I wouldn’t waste energy on the rape charge. He LOST nine times and to the tune of five millions dollars. Time for billboards and non stop ads!!!
I think his claim of being a “star” is questionable. I’m sure he only got away with those actions is because: 1) the victims were shocked by his actions 2) just like EJC said, she know how powerful he was and all the horrible backlash that would ensue.
But a star? He’s just a legend in his own mind and his faithful supporters.
He was saved from the rape charge because the jury figured that may be improbable based on his lack of manhood.