Verdict reached in the Carroll-Trump case (liable for defamation and lesser battery charge)

That's not quite correct. Sperm and semen can be present without ejaculation, there can be trauma to the women's genitals and pubic hairs or saliva could be present.

 

Sure there is. "Never?" hardly - if it happens and the victim of the violence goes to the hospital, abrasions of the private parts.

DEFINING PATTERNS OF GENITAL INJURY FROM SEXUAL ASSAULT: A Review

The prevalence of genital injury resulting from sexual assault varies by examination type and ranges from 5% on direct visualization to 87% with colposcopic technique

In a study of 190 women children after sexual assault, 19.5% of children and 40% of adults had genital trauma

 

I couldn't find the context of the original tweet but the venom in the responses to the retweet says all there is to say about supporters of the former president. Like the guy that they worship they're completely lacking in compassion or empathy.

 

That's fine if it's an intense assault and she gets an examination immediately.

 

The exams are meaningful if conducted within 5 days. That issue just came up in one of my trials. Obviously, the earlier the better.

 

You guys gave us Ford Blasey and now this:

 

Republicans gave us this:

 

I think Weinstein opened that door. Rich liberals and rich conservatives have at least one think in common. They treat women like trash.

 

LYZ with a solid take on the longer and larger picture

Carroll’s trial was only possible because of laws rolling back the statute of limitations on assault charges and it was only possible after decades of conversations about assault, bodily autonomy, and the feminist fight to have women seen as human beings.


The last time a journalist reached out, the only on-the-record quote I gave was this, “Too much of my life already has been defined by the things men have done to me and around me. Too much of my life has been spent cleaning up the messes of men. Too much time spent managing the egos of men who insist they are good but use women as carelessly as they use paper towels in a bar bathroom. Too much time in my life has been spent giving CPR to the victims of these male moral hit-and-runs. I have my own work to do now. I have my own stories to tell.”

So, it’s no small fight that E Jean Carroll took on. She was not just going to court to fight a man who hurt her, she was fighting a powerful man, and with him every misogynistic demon of our culture — the harassment, the hate mail, the weird internet comments, the money, the stress, the notoriety, the condescending well-wishers who implied she was unwell, or mistaken, or in it for the money, or looked at her and said, “Well something happened to you, but not that.”

But she did it and she won. And her win this week feels especially poignant because just days later, CNN decided to give Trump a platform to defame her again.



Dingus of the Week: The Pollen Count

 

It will be interesting to see if she sues him again for defamation. I know nothing of this but I read somewhere that her lawyer thought it was a possibility.

 

Good for Jean Carroll. We need to hold sexual predators accountable. Even if they are powerful.

 

I highly doubt the attorney said that. I think it would raise an objection in a second. Can you point to a section in the transcript of your claim?

The lawyer can remind the jury that, in a civil case, they may infer guilt based on not providing evidence/defense.

"Adverse inference is a legal situation in which someone making a judgment concludes that evidence was not produced because it would be unfavorable to the party being asked to produce evidence. In this particular case, silence or refusal to cooperate is taken as a suggestion that wrongdoing occurred and someone tried to cover it up. Adverse inference is most often seen in civil cases."

What is Adverse Inference? (with pictures)

 

That is probably a gigantic list of people

 

Twitter's algorithm now pushes those type of responses to the top. It used to push those with most engagement or those from journalists covering it. I no longer search Twitter for a certain news story because you will see all those first. Elon planned it that. He feels those voices would persuade if we were only more open to their message. I must confess that brand of epistemic closure

 

It should not be political at all. You abuse/rape someone and you go to prison. I wish you go forever but they seem to get out years later to re-offend repeatedly.

 

I will say that at the 34 minute Mark of this podcast, an experienced defense attorney that handles this type of litigation put together an alternative cross-examination for E. Jean Carroll that I thought would have been far more effective. Rather than just attacking her, to cover her employment history as a writer on SNL, writing comedy, and how that forces you to put yourself in the middle of the story, including writing a biography for Hunter S. Thompson, and the fact that she work for Roger Ailes but was never called by any of the other women he assaulted as a witness. Interesting, and in my opinion, far smarter


A Detailed Explanation of the Rule Against Perpetuities - Serious Trouble

 

This is a really good piece

Kaplan shared the spotlight with two former federal prosecutors: Shawn Crowley, an earnest millennial woman who delivered Carroll's searing opening statement, and, as one friend observed, an identifiably Italian guy's guy, Michael Ferrara. And it was through Ferrara that the Carroll team explored themes that were not only relatable to the jury's six men, but resonated with them as well.





Instead, Ferrara said it was a "confession," elaborating:

Trump was describing a specific incident in which he took a woman shopping and moved on her. Does that sound familiar? Is that not exactly what happened with Ms. Carroll? They were shopping and then he moved on her. Trump never denied this. And then he describes how he just kisses women, he doesn’t wait, grabs them by their genitals. You get it.



Or put another way, Ferrara gave them permission to embrace Carroll's story without compromising their masculinity. Good men, he suggested, both play hard and respect others' boundaries. Healthy men, he implied, understand trauma, grief and recovery, and give themselves and others the grace to experience all of them, sometimes all at once. Real men, his very presence conveyed, believe E. Jean Carroll.


I had to cut out a bit to obey the four paragraph rule. But you really should read it all to get context. It’s a great point. Authentic masculinity doesn’t require you to force yourself or fail to respect consent. Trump is not “masculine”, he’s a predator who needed to be held accountable to promote a healthy society

 

At this point I can't help but think that Trump can't help himself.

How many millions does he have to lose before he learns to just shut up?

It'd be one thing if this were political speech and he was trying to prove some point, but this is just a personal ugly debacle. Almost everybody would just want to move on from this, but he can't let it go.

 

I'm not saying she was lying or anything like that, just not a big fan of this logic.

When people say they don't remember something, maybe they're telling the truth. But the liar's advantage to acting like you don't remember is that it gives you the flexibility to change your story whenever you want. If something doesn't add up, you act like it's a certainty that the harmful act took place and everybody should believe you and you just change whatever facts you "don't remember" to match the story.

Some liars also are very intelligent and have some detailed airtight story.

But if I'm being honest, I'm more inclined to believe the airtight detailed story than the vague story. And that doesn't mean anybody was lying, it could mean their memory is failing them and they have other facts wrong... it could mean all sorts of things.