Devendra Kumar
A federal judge has dismissed former President Donald Trump’s countersuit against writer E Jean Carroll, who won a $5 million judgment against him in May. Trump’s lawyers had argued that Carroll’s post-verdict statements, including claims that she was not only sexually abused but also raped, were defamatory. However, Judge Lewis A Kaplan ruled that Trump cannot claim defamation because the difference between Carroll’s statements and the truth is “minimal.” Carroll alleged that Trump trapped her in a luxury department store dressing room in 1996, forcibly kissed her, yanked down her tights, and raped her as she tried to fight him off.
Trump has denied the allegations, calling Carroll a “nut job” who invented a “fraudulent and false story” to sell a memoir. In the spring’s trial, a civil court jury concluded that Trump sexually abused Carroll but rejected her claim that he raped her. Legally, the difference depended on the specifics of how Trump penetrated Carroll against her will. Trump’s lawyers argued that Carroll’s statements were defamatory because the jury did not find rape, but Judge Kaplan ruled that the difference between the two acts is minimal, as both are felonious sex crimes.
Carroll’s lawyer, Robbie Kaplan, said she was pleased with the ruling and looking ahead to a trial scheduled for January in her defamation suit, which concerns a series of remarks that Trump made in denying her sexual assault allegation. “E Jean Carroll looks forward to obtaining additional compensatory and punitive damages” in that trial, Kaplan said. Carroll’s statements, including her claim that Trump “raped” her, are substantially true, and the judge agreed.
Trump’s lawyer, Alina Habba, said that his lawyers would appeal the decision to dismiss the counterclaim. However, Judge Kaplan’s ruling shutdowns Trump’s effort to turn the legal tables on Carroll. Carroll’s win in the initial trial came after a weeks-long hearing during which both sides presented their case. The jury’s decision was based on the specific circumstances of the alleged assault, and the judge’s ruling on the countersuit is based on the legal definitions of sexual abuse and rape in New York state.
In his ruling, Judge Kaplan noted that under New York law, rape requires forcible penetration by a penis, whereas sexual abuse would cover forcible penetration by a finger. Carroll alleged that both happened in the alleged assault. The judge also cited Carroll’s statement that “he did it, and you know it” as evidence that her claims are not defamatory. Trump’s denial of the allegations and his claims that Carroll’s story is false have been widely criticized by many, including some who have accused him of attempted rape.
The ruling is a significant setback for Trump, who had sought to regain the upper hand in the legal disputes. It also underscores the complexities of defining sexual assault and rape, as well as the challenges of prosecuting such cases. The case is likely to continue, with Carroll pursuing her defamation suit and Trump’s lawyers continuing to appeal the judge’s ruling.