All the news headlines and verdict said sexual abuse, which was kind of vague, but I just found out today that the judge clarified that this was a matter of legal definition and by the verdict of the trial and the case, trump has been found guilty of penetrative rape.

  • Instigate@aussie.zone
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    1 year ago

    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)

    • Kepabar@startrek.website
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      1 year ago

      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.

      • Croquette
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        1 year ago

        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.