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MSNBC The Last Word With Lawrence ODonnell June 4, 2024 02:41:00

Under civil law new york, ther is no civil cause of actio called rape, but battery can refer to any wrongful touching that is offensive and harmfu to the plaintiff, that is th standard charge that is used t sue a perpetrator civilly fo an alleged rape. faith, what is the way that this is likely to unfold we have heard, almost hear definitively from donald trump s lawyer that he is no going to show up for the trial the judge did express some irritation with his lawyers, saying, tell us where there he is or isn t because we hav security concerns to deal with but how does this case unfold? what is different about a civi case of having to do wit battery than a criminal rape case this is really interesting. because trump is the chaos king, right? and he really benefits from situation where he can seize control. this courtroom today was about as buttoned up as you coul possibly get judge chaplain kept things ....

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CNN Anderson Cooper 360 June 4, 2024 00:25:00

that s not on the table with respect to this. perhaps her notion of justice stemmed if the other cases that they re going after mr. trump about, but not this case. there is it no jail no matter what happens. to the point about burden of proof in, criminal cases, very high standard. beyond a reasonable doubt. this is not criminal. it is civil. so what does that mean? it means it s something called a preponderance of evidence. in english, what that means is more likely than not. 51% versus 49% that it happened. then that it did not happen. but at the end of the day, the determination of the jury will be one of battery. that is a touching without consent. that is the rape allegation. and then, of course, the defamation allegation with respect to mr. trump saying it did not happen when, in fact, she believes it did. d that s what this lawsuit is all about. so if they they can t have they can t say that rape did not occur but that he defamed her. correct. right. it is inconsistent ....

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MSNBC The Last Word With Lawrence ODonnell June 4, 2024 05:40:00

To it as the defamation case some people will refer to it a the rape case. it s a civil battery trial because that s what new york state allows once you ar beyond the statute o limitations. what does that mean for so, e. jean carroll is suin donald trump for two causes of action one is called battery. and the other is calle defamation the battery pertains to e. jea carroll assertion that donal trump raped her in the dressin room of the bergdorf goodman s in the 1990s under civil law in new york, there is no civil cause of action called rape but battery can refer to any wrongful touching that i offensive and harmful to the plaintiff and the standard charge that is used to sue a perpetrator civilly for an alleged rape faith gay, what is the wa in which this is likely to unfold we have almost heard ....

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