judge:
well it could have been kissing they based the verdict on, but I'm deciding that it wasn't kissing because I think the verdict 'implies that'. (and oh by the way, I''ll later instruct the jury in another trial that it was 'determined' that penetration occurred, although that is not at all what was determined but was instead 'implied' by me).
and while the jury found no rape under the law, I'm deciding that for defamation purposes, it was true that he raped her...
"The jury was instructed that one of the essential elements of sexual abuse under the New York Penal Law is "sexual contact," defined as "touching of the sexual or intimate parts." None of these actions, other than putting his mouth against hers and perhaps pulling down her tights, was sexual contact.72 The jury's finding of sexual abuse therefore necessarily implies that it found that Mr. Trump forcibly penetrated her vagina." "Even assuming this non-consensual kiss was "touching of [a] sexual or intimate part[]," there is no basis to assume that the jury found Mr. Trump sexually abused her based on that contact but not on digital penetration."
rape is an option: ***** penetration; jury says no to this
'sexual abuse is an option': anything from kissing to Digital penetration; jury says yes to this
forcibly touch is an option: not answered
not sure why the middle answer 'implies' anything specific within the range of things it could have entailed - it seems that it 'implies' exactly what it could have entailed - anything from kissing to digital penetration
https://www.documentcloud.org/documents/24370424-kaplan-denies-trump-motion-for-new-trial-in-carroll-ii