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DonViejo

(60,536 posts)
Sat Jun 22, 2019, 10:13 AM Jun 2019

E Jean Carroll says it would be 'disrespectful' for her to file First Degree Rape charges...


E Jean Carroll says it would be ‘disrespectful’ for her to file First Degree Rape charges against Donald Trump

Published 10 hours ago on June 21, 2019 By Bob Brigham

-snip-

Carroll was asked by MSNBC’s Lawrence O’Donnell about the analysis by Maya Wiley that she could still file charges — and there might be evidence on the coat she was wearing. “Would you consider bringing the rape charge against Donald Trump for this?” O’Donnell asked.

“No,” she replied.

“Why not?” he asked.

“I would find it disrespectful of the women down on the border raped around the clock without any protection. They’re young women you know there by the thousands. The women have very little protection there. It would just be disrespectful. Mine was three minutes. I can handle it. I can keep going,” she explained. “My life has gone on, I’m a happy woman but for the women down there and for the women — actually around the world, and every culture this is going on. No matter high or low in it just feels disrespectful that I would bring — it just doesn’t make sense to me.”

full article + video
https://www.rawstory.com/2019/06/e-jean-carroll-says-it-would-be-disrespectful-for-her-to-file-first-degree-rape-charges-against-donald-trump/
43 replies = new reply since forum marked as read
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E Jean Carroll says it would be 'disrespectful' for her to file First Degree Rape charges... (Original Post) DonViejo Jun 2019 OP
Wow. Not what I expected. She really puts Trump in his place... EarnestPutz Jun 2019 #1
It's a shame what happened to her True Dough Jun 2019 #2
That floored me. Nt BootinUp Jun 2019 #3
Disrespectful? Huh? How does that make sense? Eyeball_Kid Jun 2019 #4
She paints a picture of suffering pretty well. Nt BootinUp Jun 2019 #5
Gobsmacked. Boomerproud Jun 2019 #6
Yeah I was unpleasantly surprised. She is rationalizing. Reason is very lame. triron Jun 2019 #14
It is misguided at best. gldstwmn Jun 2019 #15
Not only does she have every right to respond to her sexual assault however she is comfortable with StarfishSaver Jun 2019 #20
The statute of limitations for first degree rape in NY DonViejo Jun 2019 #22
As I understand it, the applicable statute would be the one in effect when she was raped. pnwmom Jun 2019 #24
I guess you didn't read the full article excerpted in the OP... DonViejo Jun 2019 #32
Maya Wiley has issued a correction about what she said on TV. pnwmom Jun 2019 #33
This - once the statute runs, the case is barred StarfishSaver Jun 2019 #37
Good! I'm glad she publicly corrected herself. Thanks for adding that to the thread. DonViejo Jun 2019 #39
The new statute applies only to assaults that occurred after 2005 or on which the previous 5-year StarfishSaver Jun 2019 #35
It definitely sounds like an odd response but being a rape survivor as well as a volunteer at a airmid Jun 2019 #29
Well, nothing to see here. nt Hotler Jun 2019 #7
Disrespectful or Not, It Appears That Carroll Has A Chance To Vogon_Glory Jun 2019 #8
No - he can't be prosecuted - it's beyond the statute of limitations StarfishSaver Jun 2019 #21
The statute of limitations for first degree rape was DonViejo Jun 2019 #23
The statute in effect at the time of the rape was 5 years. It wasn't till 2006 pnwmom Jun 2019 #25
Not according to the attorney that appeared on the DonViejo Jun 2019 #26
Whoever you heard on TV probably didn't realize that the law was different pnwmom Jun 2019 #31
That was Maya Wiley and she corrected her statement DeminPennswoods Jun 2019 #43
She's still not processing all this, I think. shanny Jun 2019 #9
No one who isn't her shoes is in a position to second guess how she chooses to handle this StarfishSaver Jun 2019 #19
Nope. shanny Jun 2019 #27
The old 5-year statute of limitations applied to this assault. StarfishSaver Jun 2019 #36
The term "disrespectful" puzzled me too. But I do think it shows she has been damaged and does not dameatball Jun 2019 #10
She likely means that she would be "being disrespectful" to the women currently suffering... Caliman73 Jun 2019 #28
Correct. She said that. It just seemed like sort of strange to me. Hard to walk in someone else's dameatball Jun 2019 #40
Yes it does seem strange. Caliman73 Jun 2019 #41
I am familiar with feeling.. stillcool Jun 2019 #11
People can't "file first degree rape charges" or anything else. former9thward Jun 2019 #12
I wish she would file a complaint. New York authorities aren't under the phantom "no indictment" Vinca Jun 2019 #13
Sometimes you just have to say WTF Goodheart Jun 2019 #16
Exactly. Like WTF, was trumo resoectful to her when he attacked her? brush Jun 2019 #34
Okay, so she's fine. Her life has moved on. (Actually, I don't fully buy that but for this Grammy23 Jun 2019 #17
She's 75 years old. BlueStater Jun 2019 #18
if she thought like that Skittles Jun 2019 #30
That's not up to any of us. StarfishSaver Jun 2019 #38
It's her decision. LuckyCharms Jun 2019 #42

EarnestPutz

(2,121 posts)
1. Wow. Not what I expected. She really puts Trump in his place...
Sat Jun 22, 2019, 10:17 AM
Jun 2019

....with this one. "You're a rapist, but worse than that, you and your policies permit hundreds of rapes."

True Dough

(17,320 posts)
2. It's a shame what happened to her
Sat Jun 22, 2019, 10:22 AM
Jun 2019

But once again, Trumpy dodges bullets. No one holds him to accountability. He truly remains Teflon Don.

Eyeball_Kid

(7,434 posts)
4. Disrespectful? Huh? How does that make sense?
Sat Jun 22, 2019, 10:31 AM
Jun 2019

I saw the interview. Carroll is an intelligent person with an upbeat message. But I'm not able to come to terms with her term "disrespectful" as a reason for not pursuing prosecution. I think that doing so would, more than anything, dismantle her carefully manicured brand. Carroll may be doing worse than it first appears. There IS disrespect. She is disrespecting all of the women who HAVE been abused, but are not in a position of privilege to pursue justice in a way that benefits them. Carroll's apparent message to victims of Trumpy's rapes and assaults is, "buck up. It wasn't that bad." By extension, her message of accepting abuse as part of life applies to all women who have been deeply offended and spiritually gutted by sexual violence.

I hope that Carroll's appearance on television on Friday night will be her last. Victims of sexual violence don't need this kind of advocacy.

Boomerproud

(7,964 posts)
6. Gobsmacked.
Sat Jun 22, 2019, 10:46 AM
Jun 2019

Is she heading to the border to help all those victims of rape? I read her comments with disbelief.

triron

(22,020 posts)
14. Yeah I was unpleasantly surprised. She is rationalizing. Reason is very lame.
Sat Jun 22, 2019, 01:50 PM
Jun 2019

She is afraid of the (probable) negative shit that would come of it. She would have her life threatened I'm sure.

 

StarfishSaver

(18,486 posts)
20. Not only does she have every right to respond to her sexual assault however she is comfortable with
Sun Jun 23, 2019, 03:38 PM
Jun 2019

even if she wanted to press charges, the statue of limitations ran out in the 1990s, so he can't be prosecuted anyway.

pnwmom

(108,994 posts)
24. As I understand it, the applicable statute would be the one in effect when she was raped.
Sun Jun 23, 2019, 04:12 PM
Jun 2019

And that S o L was only 5 years.

DonViejo

(60,536 posts)
32. I guess you didn't read the full article excerpted in the OP...
Sun Jun 23, 2019, 05:00 PM
Jun 2019

and didn't watch the video accompanying that article.

pnwmom

(108,994 posts)
33. Maya Wiley has issued a correction about what she said on TV.
Sun Jun 23, 2019, 05:42 PM
Jun 2019

You can't change the S o L retroactively.





Maya Wiley

@mayawiley

Correction I posted last night: while this is a 1st Degree rape allegation & there is no statute of limitation, the old statute had run when the new one was past. That means no possibility of charges. I still hope she will get the coat tested. It’s important to get more facts.
 

StarfishSaver

(18,486 posts)
35. The new statute applies only to assaults that occurred after 2005 or on which the previous 5-year
Sun Jun 23, 2019, 06:46 PM
Jun 2019

statute hadn't yet run.

This assault occurred in late 1995 or early 1996, so the previous statute of limitations had expired by 2001 and, so, the new unlimited statute of limitations doesn't apply.

airmid

(500 posts)
29. It definitely sounds like an odd response but being a rape survivor as well as a volunteer at a
Sun Jun 23, 2019, 04:26 PM
Jun 2019

battered woman's shelter, I can tell you that many rape victims will deal with the trauma any way they can. They will rationalize. They often tell themselves that others are worse off, or they deserved it, or any other thing that just lets them put one foot in front of the other so they can go on living some kind of life. But it never goes away. It always creeps in when we least expect it, even decades later.
And once again will tell ourselves whatever we can to get through that day, or that hour, or that minute. And while I may not agree with her approach, I will not judge her.

Vogon_Glory

(9,128 posts)
8. Disrespectful or Not, It Appears That Carroll Has A Chance To
Sat Jun 22, 2019, 11:24 AM
Jun 2019

Strike a blow at the head of the snake. For her own reasons she chooses not to.

DonViejo

(60,536 posts)
23. The statute of limitations for first degree rape was
Sun Jun 23, 2019, 04:11 PM
Jun 2019

abolished. She can file charges if she chooses to do so.

pnwmom

(108,994 posts)
25. The statute in effect at the time of the rape was 5 years. It wasn't till 2006
Sun Jun 23, 2019, 04:15 PM
Jun 2019

that the 1st degree rape S of L was eliminated. But that couldn't affect people who had already passed the old S o L.

pnwmom

(108,994 posts)
31. Whoever you heard on TV probably didn't realize that the law was different
Sun Jun 23, 2019, 04:53 PM
Jun 2019

at the time the rape occurred.

https://www.motherjones.com/politics/2019/06/bill-de-blasio-says-nypd-will-investigate-the-latest-rape-allegations-against-trump-an-expert-says-it-probably-cant/

Mother Jones‘ Madison Pauly spoke with Roger Canaff, a former sex crimes prosecutor in the Bronx who now trains law enforcement on how to handle sexual violence cases, just as Carroll’s allegations came to light. And she learned that prosecuting the president for this heinous act might be impossible.

The primary reason is that the statute of limitations for first-degree rape in New York was only five years during the mid-1990s. New York updated the law in 2006 to the current standard, “but the new law doesn’t apply to cases in which the statute of limitations has already expire,” Pauly writes.

And Canaff told Pauly that federal case law has enforced that precedent:

MJ: Today, there’s no statute of limitations for first-degree rape in New York. But that’s only been the case since 2006. Before then, New York’s statute of limitations for first-degree rape was only five years. Which laws apply, the current ones or the laws at the time?

RC: The Supreme Court case is called Stogner vs. California. Basically what it says is you cannot change the statute of limitations, and then charge somebody under it retroactively. So if a crime is committed in 1995, and the statute of limitations at the time of the crime is five years, then even if the statute of limitations is changed 10 or 15 or 20 years later, a person who committed that crime in 1995 cannot be charged under it. The person has to be charged under the law as it existed at the time.

DeminPennswoods

(15,290 posts)
43. That was Maya Wiley and she corrected her statement
Mon Jun 24, 2019, 06:23 AM
Jun 2019

via her twitter account. The current law has no statute of limitations, but the law in effect when this incident happened did. Charges would be prosecuted under the law in effect at the time, not the new law.

 

shanny

(6,709 posts)
9. She's still not processing all this, I think.
Sat Jun 22, 2019, 11:37 AM
Jun 2019

She talks about a camp counsellor who molested her at 12, and how, if she were more "aware" or whatever, by 25 she could have stopped him, maybe. She didn't and apparently regrets that. She herself has counselled other women that such things "are not your fault." And yet she holds to the idea that this was her fault, but that it hasn't affected her life and other things are more important--and yet that dress is still hanging, untouched in her closet.

She could have done something then, she still could.... Test the dress: that would be respectful, of all the other women he has done this to, who need a voice. You already put your name and your story out there, what's the point of stopping now?

 

StarfishSaver

(18,486 posts)
19. No one who isn't her shoes is in a position to second guess how she chooses to handle this
Sun Jun 23, 2019, 03:35 PM
Jun 2019

She spoke out, which is a big deal in itself.

But that said, the statute of limitations expired decades ago, so he can't be prosecuted anyway.

 

StarfishSaver

(18,486 posts)
36. The old 5-year statute of limitations applied to this assault.
Sun Jun 23, 2019, 06:49 PM
Jun 2019

It ran out in 2000 or 2001 and, therefore, isn't governed by the new unlimited statute, which didn't go into effect until 2006.

dameatball

(7,399 posts)
10. The term "disrespectful" puzzled me too. But I do think it shows she has been damaged and does not
Sat Jun 22, 2019, 11:54 AM
Jun 2019

think along the same lines as someone outside the box looking in. I believe her story. However I do not profess to being able to be in her shoes and feel what she has been feeling all these years.

Caliman73

(11,744 posts)
28. She likely means that she would be "being disrespectful" to the women currently suffering...
Sun Jun 23, 2019, 04:21 PM
Jun 2019

Perhaps she is thinking that she would be using "privilege" as a well off White woman, something that is not being afforded to victims at the border.

I don't necessarily agree with that analysis, but that I what I think she is conveying.

I think that Trump AND his administration need to be held accountable personally and within the bounds of human rights violations. Trump is a misogynist and his misogyny filters through in how he is not responding to the problems at the border.

dameatball

(7,399 posts)
40. Correct. She said that. It just seemed like sort of strange to me. Hard to walk in someone else's
Sun Jun 23, 2019, 07:51 PM
Jun 2019

shoes though.

Caliman73

(11,744 posts)
41. Yes it does seem strange.
Mon Jun 24, 2019, 01:35 AM
Jun 2019

It is difficult to judge though, like you said. I would not want to be having to make the decisions Ms. Caroll has to be making.

stillcool

(32,626 posts)
11. I am familiar with feeling..
Sat Jun 22, 2019, 01:16 PM
Jun 2019

guilty for not having it as bad as others. I also can't stand the 'me too' movement. Every time a woman speaks out it pisses me off. A lot of the time, I think they can't possibly know what they're talking about, because they're talking about it. I think because women have come forward, times have changed the meaning of sexual assault. But being a product of another time, makes it hard to understand. I don't think I've ever known what 'normal' is, and it isn't becoming any clearer. Aging is weird.

former9thward

(32,077 posts)
12. People can't "file first degree rape charges" or anything else.
Sat Jun 22, 2019, 01:29 PM
Jun 2019

Only a persecutor can. A person can make a complaint about an alleged crime and a prosecutor can file charges or do nothing.

Vinca

(50,303 posts)
13. I wish she would file a complaint. New York authorities aren't under the phantom "no indictment"
Sat Jun 22, 2019, 01:45 PM
Jun 2019

rule. If they brought a 1st degree rape charge against him we might get an orange perp walk.

brush

(53,854 posts)
34. Exactly. Like WTF, was trumo resoectful to her when he attacked her?
Sun Jun 23, 2019, 06:17 PM
Jun 2019

And why come forward now instead of after the Access Hollywood tape, and then not want to do something about it?

I saw her this morning on Joy Reid and she talked about the attack, saying she was so shocked she laughed all the way through it. Also laughed afterwards when she called a friebd abd told her about the attack.

She makes it hard to figure what to do with this info.

Grammy23

(5,813 posts)
17. Okay, so she's fine. Her life has moved on. (Actually, I don't fully buy that but for this
Sun Jun 23, 2019, 03:32 PM
Jun 2019

comment let’s say she has moved on.) What about being disrespectful to ALL of the other women that have accused tRump of assaulting them? Maybe her coming forward and actually offering her testimony and her dress as proof would be helpful to THEM. There is a body of evidence building up against him so surely one more person could help tip things in their favor.

I’m not sure why she included this story in her book, but it seems odd to tell it and then say....well, I’ve moved on. As if that gives tRump a pass for this assault.

BlueStater

(7,596 posts)
18. She's 75 years old.
Sun Jun 23, 2019, 03:33 PM
Jun 2019

The last thing she probably wants to deal with is having her character tarnished and her life threatened by scumbags and lunatics. Given all that she's facing if she pursues this further, I can't blame her personally for choosing not to.

 

StarfishSaver

(18,486 posts)
38. That's not up to any of us.
Sun Jun 23, 2019, 07:06 PM
Jun 2019

I'm glad she spoke up.

And since the statute of limitations ran nearly 20 years ago and he can't be prosecuted, she's done all she can at this point.

But regardless, it's completely up to her whether or not to talk about it publicly.

LuckyCharms

(17,458 posts)
42. It's her decision.
Mon Jun 24, 2019, 01:38 AM
Jun 2019

She is person who suffered. She is the one who gets to decide how she will handle it.

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