In New York, there is a legal difference between rape and sexual abuse. It is my (admittedly limited) understanding that digital penetration counts as sexual abuse in New York.

So, according to the legal definition in NY and the idea that in the US people are innocent until proven guilty, maybe Trump can make the general claim "I'm not a rapist" without it counting as defamation. Maybe.

But in colloquial terms, we can absolutely consider this to be a lie. Donald Trump is an adjudicated rapist; a jury determined that, a minimum of one time in his life, he physically forced sexual contact on a woman who did not consent. (And based on what we know about abusers in general and this man in particular, my money is on this not being the only time in his life that he sexually assaulted someone.)

Nah, it's not like saying nohomo (which totally counts). Still a rapist.