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PaperclipPerfector  11mo ago (text post)   27234 thread views

Culture War Roundup for the week of December 11, 2023

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Somehow he's only increased his support as he's been found to have committed sexual assault, fraud, and insurrection.

I'm presuming by the "committed sexual assault" you mean the E. Jean Carroll case? Which is a dreadful example if you're trying to convince anyone that it's the truth of the matter. The claims are very hard to verify - he went into a changing room with her in a department store and assaulted her, but nobody else heard a thing? No shop assistants? No other customers?

And while she was talking and writing about it for decades, she never went to court over it. And the case was, in fact, not for rape but defamation, and it was in a second lawsuit that she added in the assault charges. Which had lapsed due to the statute of limitations, but very helpfully New York State legislation was passed to permit adult survivors of sexual assault to bring cases after they were statute-barred - so long as the case is brought between November 2022 and November 2023.

The Adult Survivors Act (ASA) is New York State legislation enacted in May 2022 which amends state law to allow alleged victims of sexual offenses for which the statute of limitations has lapsed to file civil suits for a one-year period, from November 24, 2022, to November 24, 2023. The act thus expands the ability of plaintiffs to sue for sexual assault and unwanted sexual contact in the workplace.

Now, the act wasn't specifically for Carroll, but it sure turned out convenient timing for her. Well, nothing more than that, maybe.

But compare the Tara Reade allegations against Biden which were pooh-poohed immediately by the same people who were devoutly nodding along that Brett Kavanaugh was a rapist and Trump was a rapist and everyone ever accused of anything was indeed a rapist. If Reade's allegations are nonsense because of where and when they are alleged to have happened, what about Carroll's allegations? The conviction on the basis that "okay, over the years she told a lot of people it happened, so it must have happened"?

Again, I'm not defending Trump's sexual conduct, but this is a very shaky "he said/she said" conviction that is as much, or even more, about politics as anything else.

I actually agree with you that Caroll doesn't seem credible. I have a strong suspicion that Trump would have won that case if he had a better lawyer and listened to their advice. The Serious Trouble podcast ran a demonstration of what a better cross examination might have sounded like and it was brutally effective at painting her as a fantasist. Unfortunately for Trump his lawyer did a terrible job.

I actually agree with you that Caroll doesn't seem credible. I have a strong suspicion that Trump would have won that case if he had a better lawyer and listened to their advice.

Okay, but with that opinion, the best you can muster is apparent bafflement that "somehow" his support increased anyways? Do you, as a human being, dislike people to a greater degree when you honestly think they were railroaded in court because they didn't have the top lawyers? I would assume that like most people, you would be sympathetic, and perhaps more likely to believe that they have been railroaded unjustly in other ways as well. I do not believe that you find this puzzling at all.

It's lacking evidence, is the trouble. Could it have happened? Sure. Did it happen? Who knows? Presumption of innocence should have quashed the case - if it weren't politically relevant.

Though I find it black humour sort of unintended consequences that, per Wikipedia, the Adult Survivors Act ended up with a lot of New York politicians and public services caught up in the trawl for "get yer prosecution in before the deadline":

Complaints against State of New York under the ASA were filed in the Court of Claims; as of November 17, 2023, 1,469 claims had been filed in the Court of Claims, mostly naming the New York State Department of Corrections and Community Supervision as a defendant.

...New York City hospitals and health systems were named as defendants in at least 300 lawsuits filed under the ASA.

...In May 2023, an ex-employee of former New York mayor Rudy Giuliani sued him for alleged sexual battery.

...In November 2023, former Governor Andrew Cuomo was sued by his former executive assistant Brittany Commisso on the last day of the law's window. Commisso had previously filed a misdemeanor criminal complaint against Cuomo for forcible touching in 2021 but was later dismissed.

In November 2023, a former New York City employee sued Mayor Eric Adams, alleging that he sexually assaulted her in 1993, when he was a New York City Transit Police officer. Adams denied the allegation and said he did not recall meeting the accuser.

It's lacking evidence, is the trouble. Could it have happened? Sure. Did it happen? Who knows? Presumption of innocence should have quashed the case - if it weren't politically relevant.

More relevant I think is the fact that it was a civil trial so there was no presumption of innocence. The jury decided on the "balance of probabilities" standard rather than "beyond reasonable doubt".

It can be hard to get the best lawyers when that can be a career blackball for them.

And it really doesn't help when the client is notorious for both refusing to pay his lawyers and bad-mouthing them after they quit.

Also when you don't pay them.

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