By Annie In
Credit...Kena Betancur/Agence France-Presse, via Afp/Pool/Afp Via Getty Images
Please find the article with full citations below:
https://docs.google.com/document/d/10gbGCY5W1FaoTgRfTts5_H_Ji66TCjGSMCZ5S4KG-Ew/edit?usp=sharing
Facts
Among several claims placed against former U.S. President Donald J. Trump, a greater affair arises in the case of E. Jean Carroll and Mr. Trump. Bringing an incident from several years ago to the surface, E. Jean Carroll, a prominent American journalist decided to proceed into further measures regarding her past experience with former president Trump. The story goes back to one evening between 1995 and 1996. Where Carroll claims the occurrence of sexual assault at a luxury department store Bergdorf Goodman. Trump attacked Carroll without her consent in order to satisfy his own sexual desires and the physical contact with Carroll was offensive and wrongful. It all comes into question and is investigated when E. Jean reveals the matter by publishing an article in the New York Times Magazine accusing Donald Trump of sexual assault against her on June 21, 2019.
Carroll truthfully mentions in her book in detail the sexual assault, “The next moment, still wearing correct business attire, shirt, tie, suit jacket, overcoat, he opens the overcoat, unzips his pants, and, forcing his fingers around my private area, then thrusts his penis halfway—or completely, I’m not certain— inside me.” Carroll also proceeds to elaborate on the delayed proposal of the sexual assault she claims occurred, and the reason why she was afraid to reveal earlier; “Receiving death threats, being driven from my home, being dismissed, being dragged through the mud, and joining the sixteen women who’ve come forward with credible stories about how the man grabbed, badgered, belittled, mauled, molested, and assaulted them only to see the man turn it around, deny, threaten, and
attack them doesn’t sound like much fun. Also, I’m a coward.”
The Legal Dispute & Claims
The legal dispute held two main counts. The first commitment claimed by the plaintiff was sexual battery under the ASA (Adult Survivors Act) and Defamation highlighting false statements made by Trump disregarding their truth leading to imperative emotional, reputational and professional harm. Substantial damages followed as well as damage to privacy and dignity. The following Battery charges against Donald Trump can be specified as the following: Trump’s actions constitute sexual offences as defined in Article 130 of the New York Penal Law, including but not limited to rape in the first degree (§ 130.35), rape in the third degree (§ 130.25), sexual abuse in the first degree (§ 130.65), sexual abuse in the third degree (§ 130.55), sexual misconduct (§ 130.20), and forcible touching (§ 130.52). The procedure continues as Trump denies the sexual assault and claims false information imputed by E. Jean Carroll. This initial defamation suit Carroll I is filed with the New York Supreme Court as it persists throughout the year, the next and the year after the requisition of $10 million for compensation. The initial suit for defamation carries on from 2019 to early 2023 and proceeds with the second suit, Carroll II. Prior to the trial, it was requested by Trump’s lawyers that the defamation
claim be dismissed and was protected under “absolute litigation privilege” which was denied by Judge Kaplan. The trial of Carroll II was taken to federal court at the District Court for the Southern District of New York. The trial started on April 25, 2023, in a federal court in the Southern District of New York. Plaintiff Carroll spoke about her reluctance to come forward earlier due to fear of retaliation and her dislike of Trump. The defence introduced evidence, including emails, suggesting a possible "scheme" against Trump. Carroll's lawyers argued she was not seeking to bring him down.
Proceedings of the Trial and the Trial
Carroll's cross-examination began on April 27. She explained her panic during the alleged assault and her delayed decision to report it. She connected her decision to join the #MeToo movement and mentioned her book's success and financial stability. The defence questioned her about inconsistencies in her account and introduced evidence about her statements regarding her romantic life. On May 1, other witnesses testified for Carroll, including a friend who confirmed Carroll's account of the alleged assault. Another witness, Leeds, described a similar incident involving Trump in the 1970s. Although Trump’s team requested a mistrial accusing the judge of being unfair but was denied by Judge Kaplan without significant comment. On May 2, a video of Trump's deposition was shown, where he again denied reading Carroll's accusations. A clinical psychologist evaluated Carroll and found evidence of harm but no mental disorder. Journalist Stoynoff testified about an alleged incident with Trump. The defence chose not to present a case. Closing arguments on May 8 highlighted Carroll's detailed memory of the alleged assault, the weather, and the circumstances surrounding it. The defence criticized gaps in the plaintiff's case and questioned the credibility of the witnesses.
Final Decision & Results and More
On May 9th the final decision concluding Carroll I and II came to the denouement with the jury’s unanimous verdict almost entirely in favour of Carroll. Trump was held liable for sexual abuse and defamation resulting in approximately $5 million in compensation after careful consideration of the preponderance of the evidence which indicates that a party provided enough evidence on an issue to prove a disputed assertion or charge and includes the burden of persuasion. The compensation consists of $2.02 million in punitive damages on the sexual battery claim and $2.98 on the defamation claim. The course resolves the two counts alleged; Sexual assault and defamation as the court explains in its recent decision denying Trump’s motion for a new trial on damages and other relief in Carroll 2.0.
They came to the verdict that Trump did sexually abuse Carroll as well as defamed her with false statements and in response to these verdicts Donald Trump appealed the verdict. Although a counterclaim was made by Trump on June 27, 2023, alleging that Carroll had defamed him, particularly regarding Carroll’s claim verbally made on CNN where she answered “yes” to a question asking if Trump had “Raped” her. For other statements made in the counterclaim occurred outside New York’s one-year statute of limitations. Judge Kaplan grants Carroll’s motion to dismiss Mr. Trump’s counterclaim is denied in its remaining respects. The court decision was in favour of E. Jean Carroll and non compliantly dismissed Trump’s counterclaim.
Bibliography
E. Jean Carroll. 2019. What Do We Need Men For? St. Martin’s Press.
“E. Jean Carroll v. Donald J. Trump.” 2023. Wikipedia. August 10, 2023. https://en.wikipedia.org/wiki/E._Jean_Carroll_v._Donald_J._Trump#cite_ref-85.
Klasf, Adam. 2023. “‘Denied’: Federal Judge Immediately Rejects Trump’s Request for Mistrial in E. Jean Carroll Civil Rape Case.” Law & Crime. May 1, 2023. https://lawandcrime.com/live-trials/e-jean-carroll-rape-suit/denied-federal-judge-immediately-rejects-trumps-request-for-mistrial-in-e-jean-carroll-civil-rape-case/#:~:text=The%20motion%20was%20%E2%80%9Cdenied%2C%E2%80%9D.
News, A. B. C. 2023. “E. Jean Carroll Says Harvey Weinstein, #MeToo Movement Made Her Come Forward about Trump.” ABC News. April 27, 2023. https://abcnews.go.com/US/jean-carroll-face-cross-examination-lawsuit-trump/story?id=98903801.
Scannell, Kara. 2023. “Judge Dismisses Trump’s Defamation Lawsuit against Carroll for Statements She Made on CNN | CNN Politics.” CNN. August 7, 2023. https://www.cnn.com/2023/08/07/politics/e-jean-carroll-trump-defamation-lawsuit-dismissed/index.html.“UNITED STATES DISTRICT COURT SOUTHERN DISTRICT of NEW YORK.” 2022.
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