• PlainSimpleGarak@lemm.ee
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    7 months ago

    IANAL, but I’m pretty sure calling someone a rapist who hasn’t been convicted in a court of law of being a rapist could get you into trouble. Now the fascist part is completely subjective so you could probably get away with it.

    • vaultdweller013@sh.itjust.works
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      7 months ago

      According to the defamation lawsuit Trump committed sexual assault. And since common parlance doesnt differentiat between sexual assault and rape you could probably call him a rapist.

    • FuglyDuck@lemmy.world
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      7 months ago

      Nope. I sincerely believe Trump is a rapist.

      That’s not defamation because I have good reason to believe that.

      Remember, the presumption of innocence is not a matter of fact- it’s an assumption that dictates procedural principles until it is in fact proven. But, if you rape some one… your a rapist. Period.

      • PlainSimpleGarak@lemm.ee
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        7 months ago

        Simply believing a thing is true will not protect you from a defamation suit. You have to know he is, not just believe it. I suppose this varies from country to country.

        I’m not obsessed with Donald Trump like most people seem to be, so I don’t follow his news much. I don’t have good reason to believe he’s a rapist, and prefer to wait until he’s convicted in a court of law, and would hope others would give me the same benefit of the doubt.

        • nyctre@lemmy.world
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          7 months ago

          No, the fact that a judge ruled that he raped someone is what protects one from a defamation suit. At that point you’re just quoting the judge

          • PlainSimpleGarak@lemm.ee
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            7 months ago

            Jury. A jury in 2023 found him liable for sexual abuse/defamation where Carol was awarded $5 million.

            https://apnews.com/article/trump-rape-carroll-trial-fe68259a4b98bb3947d42af9ec83d7db

            The verdict was split: Jurors rejected Carroll’s claim that she was raped, finding Trump responsible for a lesser degree of sexual abuse.

            This year, another jury awarded her an additional $83 million for defamation.

            I read three articles, and watched an NBC video, not one of them stated he was found liable for rape.

              • PlainSimpleGarak@lemm.ee
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                7 months ago

                We don’t need something to “sound like rape”. If he was guilty of it, meaning there was sufficient evidence, in the jury’s opinion, the jury would have found him guilty of it. I’m sure they weren’t looking to do him any favors. Obviously the defense failed to prove their case relative to rape.

                Now, did he do it? Probably. He’s a career criminal. But the line has to be drawn somewhere, and for me, if you’re found guilty of it, be it a criminal court room, or a civil one, that’s when I can safely say a person is what they’ve been found guilty of being.

                Take emotions and opinions out of it, and just stick to the facts. He’s guilty in a civil case of defamation and sexual abuse.

                • nyctre@lemmy.world
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                  7 months ago

                  I don’t particularly care what the legal system calls something that’s pretty much impossible to prove. And I don’t understand why you’re using my words as if it’s legally relevant. I’ll quote the article, because I don’t think you’ve read it: “A judge has now clarified that this is basically a legal distinction without a real-world difference.”

                  • PlainSimpleGarak@lemm.ee
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                    7 months ago

                    I read three independent articles on the subject, including the one from last year, I don’t need to read a fourth.

                    I find it interesting you admit something is difficult to prove, yet feel perfectly comfortable making accusations on the subject. I’ll stick to the facts, thanks, and leave my bias out of it.