Trump will face child rape charges in court
Donald Trump will face child rape charges in court, says lawyer for alleged victim
@BenKentish
Friday 14 October 2016
The lawyer for a woman who claims Donald Trump raped her when she was 13 years old has said the Republican presidential candidate will have to answer the charges in court.
Cheney Mason is representing "Jane Doe" in court papers over accusations Mr Trump attacked her at a party in New York in 1994.
Mr Mason told Buzzfeed News: This case, based on the sworn declarations of the victim and two corroborating witnesses, will be tried in court, where the defendants will be required to answer questions under oath and pursuant to the rules of evidence.
The alleged victim claims the businessman raped her during a party at the New York apartment of Jeffrey Epstein.
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http://www.independent.co.uk/news/world/americas/us-elections/donald-trump-rape-sexual-assault-claims-court-republican-party-us-presidential-florida-a7360636.html
Funtatlaguy
(10,870 posts)coverage on this?
queentonic
(243 posts)Does an electronic summons count? They were sent out Wednesday, October 12th,
https://www.pacermonitor.com/public/case/19421595/v_Trump_et_al
jberryhill
(62,444 posts)BamaRefugee
(3,483 posts)I'm a registered, licensed and bonded Process Server in Los Angeles County, California. It's a bit of an odd term, but the "service of process" means getting summons, subpoenas, orders to appear, etc., to the person or entity named on the papers, so that they are informed of the matter and the case can move forward.
The electronic summons means that a summons requested by an attorney (you can see the requests on that page if you scroll down) has been approved by the court and SENT BACK to the lawyer by fax, email, or some other ELECTRONIC method of sending it. You can't just electronically send a summons to a defendant, they would always just say they never got it. So the summons will then be printed out and paper copies will be served, by a Process Server or Sheriff generally. Then the process server swears under penalty of perjury that he has indeed performed service on defendant.
A Federal summons doesn't necessarily have to be personally served, it can be served to someone else after legally fulfilling "due diligence" to get the summons to the subject. There's a lot of variables here, too long to discuss, but I'll be interested to see how it gets done. The best would be the classic "You've been served!" when Trump comes out of his Tower to wave to his faithful on the sidewalk.
By the way, a summons is usually served with the "complaint" attached, which lays out the specifics of the claim being made against the defendant, along with all kinds of other legal mumbo jumbo including about finding other future "Roes" in the case(defendants whose identity is still unknown at the time of the filing). "Roe" is like the multiple of "John Doe", I'm not a lawyer but I think Roe v. Wade is an illustration of the use of "Roe".
I'm volunteering to do the service myself, and waive my customary fee!
BamaRefugee
(3,483 posts)A summons does not compel the defendant to appear in court, but it does require them to answer to the court within (usually) 30 days. Once the case is set, to get someone to testify, in a deposition or a courtroom, the defendant has to be served a *subpoena*.
Lots of people get confused on summons and subpoenas.
Tanuki
(14,918 posts)It's not "too much information"....most of us don't know much, if anything, about this, and you provided some very useful context for understanding the developing story.
queentonic
(243 posts)Would there be a problem getting past the Secret Service to nail Trump with a Summons?
BamaRefugee
(3,483 posts)I've seen him within a few feet of his Churlish Chosens, you don't have to place the papers into someone's hands, although that's preferable, but you can announce service well within his earshot, he will refuse to accept into hand for sure, then you can drop them as close to him as you can, if you're certain it definitely is the defendant. I don't think anyone will mistake DJT, and for sure there would be video of him being served.
But high profile attorneys can make other arrangements for their client to be served, I'm sure that will happen in this case, although his attorneys will probably play some cat and mouse games first.
queentonic
(243 posts)There are two listed in the Summons. What if they are unable to serve Epstein because he is in hiding somewhere. Will the case be allowed to continue with only Trump being served? Epstein could easily be in cognito for the 30 or so days time allowed.
pokerfan
(27,677 posts)will be wide open after November 8.
Pakid
(478 posts)he will be busy leading his deplorables in there revolution that should take at least 5 min of his time after that they will turn and run
MMTampa
(82 posts)Trump goes to Court for Trump University if I'm not mistaken - he is going to be in court a lot. Bet he thought that winning the presidency would have made a lot of his legal problems go away - and helped his financial problems with the Saudis and Russia.