707
TIL that the judge in the Carroll rape case clarified that Trump did rape Jean Carroll
(www.washingtonpost.com)
this post was submitted on 24 Oct 2023
707 points (94.9% liked)
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Why is he not in jail then? Crimes like these shouldn't be possible to change with a fine or whatever.
Because, again, he wasn't convicted in criminal court. And again, there is a different burden of proof in civil cases (preponderance of evidence vs. "Beyond a reasonable doubt."). There are many reasons why a case may be brought in civil court and not criminal.
One famous example is OJ Simpson. Ruled not guilty of murder in criminal court, but lost in civil court and had to pay Ron Goldman's family a fuck ton of money, as well as giving up any profits he may have made, or ever will make, based on the murders (that ridiculous book, etc).
Not enough evidence to convince a jury in a criminal trial, but more than enough for civil.
Do you guys use ‘Preponderance of Evidence’ as the standard of proof for civil cases in the US? In Australia we use ‘On the Balance of Probabilities’. I wonder if there’s a technical difference there.
(Tiny pedantic note but the Burden of Proof is about who has to produce the evidence, not the level of evidence required to make a finding - that’s the Standard of Proof)
Yes we go by preponderance of evidence.
Essentially it's 'whoever you Believe more' in civil cases, which is significantly lower than 'beyond a reasonable doubt ' we use for criminal trials.
There is also the notion that is not all or nothing depending on the proof for and against a defendant. You can ask for X amount, but only get X-Y because the proof against the defendant weren't enough to grant all the X amount.
In criminal court, you are either guilty or not and then, if you are guilty, you can have factors that reduces or lengthen the sentence.
See also Martin Luther King Jr's family bringing a preponderance of evidence to a civil trial alleging the FBI and CIA were behind the assassination and winning $100 and a footnote in history books.
I haven't been following this tbh since I'm not American but I did read another comment that said something about the statute of limitations so maybe criminal charges can't be brought due to that weird part of the law where rape gets an expiry date.
Correct, the state passed a law allowing those cases where statue of limitations have been passed for criminal trails to still sue their attacker in civil court.
It's been suggested this was passed specifically to target Trump, but a good number of sexual assaults never go reported and I believe a few hundred cases have come from this law.
It has since expired, it was only valid for one year.