Judge Lewis A. Kaplan |
Since jurors in the E. Jean Carroll case found Trump guilty of sexual abuse, not rape, Trump's attorney Joe Tacopina claims rape was not committed and seeks a new trial.
Tacopia equates sexual abuse with "groping, touching the breasts" and wants the $5M award found excessive.
"This was a rape claim, this was a rape case all along and the jury rejected that--made other findings," Tacopia said.
In response to Tacopia and Trump's legal team, a judge has stated this is a distinction without a difference.
Judge Lewis A. Kaplan says that what the jury found Trump did was in fact rape, as commonly understood and described the Trump teams Tuesday motion as "entirely unpersuasive."
“The finding that Ms. Carroll failed to prove that she was ‘raped’ within the meaning of the New York Penal Law does not mean that she failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape,’ ” the judge wrote.
Kaplan added: “Indeed, as the evidence at trial recounted below makes clear, the jury found that Mr. Trump in fact did exactly that.”
Kaplan said New York’s legal definition of “rape” is “far narrower” than the word is understood in “common modern parlance.”
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