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.

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[–] 13 points 2 years ago* (2 children)

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)

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  • [–] 6 points 2 years ago (1 child)

    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.

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  • [–] 1 point 2 years 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.

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