Terry Black
2024-08-08 02:44:07 UTC
They don't like rapists in prison.
Trump Rape Lawsuit Jury Finds Trump Liable for Sexual Abuse and Defamation
A jury of six men and three women awarded the writer E. Jean Carroll $5
million in damages. Donald J. Trump called the verdict a disgrace.
May 9, 2023
Image
E. Jean Carroll, center, leaving court in New York on Tuesday
afternoon.Credit...Brittainy Newman for The New York Times
Pinned
Benjamin WeiserLola Fadulu and Kate Christobek
Donald Trump Sexually Abused and Defamed E. Jean Carroll, Jury Finds
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Jury Finds Trump Liable, Awarding E. Jean Carroll $5 Million
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The former writer left the Manhattan courthouse smiling after a jury found
that Donald Trump had sexually abused and defamed her. Mr. Trumps lawyer
said he intended to appeal.CreditCredit...Brittainy Newman for The New York
Times
A Manhattan jury on Tuesday found former President Donald J. Trump liable
for sexually abusing and defaming E. Jean Carroll and awarded her $5
million in damages. More than a dozen women have accused Mr. Trump of
sexual misconduct over the years, but this is the only allegation to be
affirmed by a jury.
In the civil case, the federal jury of six men and three women found that
Ms. Carroll, 79, a former magazine writer, had sufficiently proved that Mr.
Trump sexually abused her nearly 30 years ago in a dressing room of the
Bergdorf Goodman department store in Manhattan. The jury did not, however,
find he had raped her, as she had long claimed.
The jury, in returning the verdict shortly before 3 p.m., also found that
Mr. Trump, who is running to regain the presidency, defamed Ms. Carroll in
October when he posted a statement on his Truth Social platform calling her
case a complete con job and a Hoax and a lie. His lawyer said he
intended to appeal.
Mr. Trumps lawyers called no witnesses, and he never appeared at the trial
to hear Ms. Carroll, who had sued him last year, deliver visceral testimony
about the attack she said had ended her romantic life forever.
Image
Donald Trump at a lectern.
Donald Trump, who avoided the trial, continued to say he did not know Ms.
Carroll. Credit...Sophie Park for The New York Times
On Tuesday, Ms. Carroll nodded along as a court clerk read the verdict
aloud, her nod growing more pronounced as the clerk said Mr. Trump was
liable for defamation. She walked out of the courthouse grinning from ear
to ear, holding hands with her lawyer, Roberta A. Kaplan. A woman yelled to
Ms. Carroll, Youre so brave and beautiful. Ms. Carroll replied, Thank
you, thank you so much.
In a later statement, she said: I filed this lawsuit against Donald Trump
to clear my name and to get my life back. Today, the world finally knows
the truth. This victory is not just for me but for every woman who has
suffered because she was not believed.
For decades, Mr. Trump had reveled in projecting the image of a man
irresistible to women, engineering tabloid headlines like Best Sex Ive
Ever Had, appearing in the introduction of a 1999 Playboy magazine
centerfold video and bragging in an exchange caught on video about how, as
a celebrity, he could grab womens genitals with impunity. Now the jury has
labeled him not a Lothario but an abuser.
Its unanimous verdict came after just under three hours of deliberation.
The findings are civil, not criminal, meaning Mr. Trump has not been
convicted of any crime and faces no prison time.
Image
E. Jean Carroll leaves court in her sunglasses.
Today, the world finally knows the truth, Ms. Carroll said after court.
This victory is not just for me but for every woman who has suffered
because she was not believed.Credit...Brittainy Newman for The New York
Times
In a Truth Social post after the verdict, Mr. Trump continued to insist
that he did not know Ms. Carroll: I have absolutely no idea who this woman
is. This verdict is a disgrace a continuation of the greatest witch hunt
of all time!
His lawyer Joseph Tacopina said outside the courthouse that the case would
be appealed. He also defended Mr. Trumps absence from the courtroom and
his decision not to testify in his own defense.
This was a circus atmosphere, and having him be here would be more of a
circus, Mr. Tacopina said.
He noted that Mr. Trump had denied Ms. Carrolls allegation in a video
deposition that her lawyers played for the jury. He also said Ms. Carrolls
lawyers should never have been allowed to play the Access Hollywood
recording for the jury, in which Mr. Trump was captured boasting in vulgar
terms about grabbing women by the genitals.
And he complained about the decision by the judge, Lewis A. Kaplan, to have
an anonymous jury hear the case, with their names kept even from the
lawyers.
There were things that happened in this case that were beyond the pale,
said Mr. Tacopina, who also complained about what he said was bias
displayed by the court.
Mr. Tacopina clashed with Judge Kaplan at times and even filed a motion
seeking a mistrial based on pervasive, unfair and prejudicial rulings
based in part on what he described as the judges improperly sustaining
objections by Ms. Carrolls lawyers, who argued that his questions were
argumentative.
At one point, Judge Kaplan quoted the definition of an argumentative
question from Blacks Law Dictionary, reading it aloud to Mr. Tacopina.
Image
Joseph Tacopina gesticulates to reporters.
Joseph Tacopina, Mr. Trumps lawyer, clashed frequently with the judge, and
said the proceedings were biased against his client. Credit...Brittainy
Newman for The New York Times
During his instructions to the jury on Tuesday, the judge explained their
three options for finding Mr. Trump liable for battery, meaning an assault
on Ms. Carroll: that he had raped her, sexually abused her or forcibly
touched her. A unanimous vote would affirm that Ms. Carroll had proven that
it was more likely than not to be true that he had committed an offense,
the judge explained.
In a criminal case, when jurors are asked to assess guilt, they must meet
the much higher standard of beyond a reasonable doubt.
Thumbnail of page 1
Read the Completed Jury Verdict Form in the Trump-Carroll Case
A jury, which held former President Donald J. Trump liable on Tuesday for
the sexual abuse and defamation of E. Jean Carroll and awarded her $5
million, completed a verdict form that spelled out possible findings.
Read Document 3 pages
It was not clear why jurors chose the lesser offense of abuse over rape.
Sexual abuse is defined in New York as subjecting a person to sexual
contact without consent. Rape is defined under state law as sexual
intercourse without consent that involves any penetration of the penis in
the vaginal opening.
During the trial, Ms. Carroll, a former advice columnist for Elle magazine
who was well known in Manhattan media circles, had testified that the
attack followed a chance encounter one evening at Bergdorfs, a fashionable
department store on Fifth Avenue. Mr. Trump, she said, asked her to help
him buy a present for a female friend.
They ended up in the lingerie section, where he motioned her over to a
dressing room, shut the door and began assaulting her. He shoved her
against the wall and, using his weight to pin her, he pulled down her
tights and forced his fingers into her vagina and then, she said, his
penis.
She pushed back, stamped with her heels and used her knee to push Mr. Trump
off her, and she fled the store. Other than telling two friends, she kept
the encounter a secret for more than 20 years until she disclosed it in a
2019 book excerpt in New York magazine.
Ms. Carroll and 10 other witnesses called on her behalf testified during
the two-week trial. They included the friends Lisa Birnbach, a journalist
and author, and Carol Martin, a former TV anchor in whom she had confided
almost immediately after the attack, telling them what Mr. Trump had done.
Two other women testified that Mr. Trump had sexually assaulted them years
ago in ways that were similar to the way Ms. Carroll described being
attacked.
Image
Carol Martin leaves court, wearing sunglasses.
Carol Martin, a friend, said that Ms. Carroll had confided in her soon
after the attack.Credit...Jefferson Siegel for The New York Times
Ms. Carroll was able to bring her lawsuit after New York State last year
enacted a new law granting adult sexual abuse victims a one-year window to
sue people they say abused them, even if the criminal statute of
limitations had long expired.
For far too long, survivors of sexual assault faced a wall of doubt and
intimidation, her lawyer, Ms. Kaplan, said after the verdict. We hope and
believe todays verdict will be an important step in tearing that wall
down.
While Mr. Trump avoided the trial, he repeatedly attacked Ms. Carroll from
outside the courtroom during the proceeding, initially on Truth Social and
last week in an interview from a golf course in Ireland, where he suggested
he would return to New York to testify in his own defense. In the end, he
did not.
In his closing argument, Mr. Tacopina argued that there was no need for Mr.
Trump to appear, because the incident at Bergdorfs did not happen. He said
that he presented his clients defense through his cross-examination of Ms.
Carroll and her witnesses.
If something is completely made up," Mr. Tacopina told the jury, the only
way to defend yourself against that accusation is by challenging the people
who made it up and the story itself.
During this cross-examination, one area he focused on was Ms. Carrolls
testimony that she did not scream during the assault.
Im not a screamer, she responded, adding that she was in too much of a
panic. I was fighting, she said. You cant beat up on me for not
screaming.
Image
Bergdorf Goodman on Fifth Avenue
The attack occurred in Bergdorf Goodman, a luxury store on Fifth
Avenue.Credit...Stephanie Keith for The New York Times
Mr. Tacopina replied: Im not beating up on you. Im asking you questions,
Ms. Carroll.
No, Ms. Carroll interjected. She said that one of the reasons women do
not come forward is because they are always asked why didnt you scream.
Some women scream. Some women dont. It keeps women silent.
Ms. Carroll, her voice rising as she testified, said, Im telling you, he
raped me, whether I screamed or not.
The verdict comes as Mr. Trump confronts a barrage of legal actions. In
April, he pleaded not guilty to New York fraud charges stemming from hush
money paid to a porn star, and he faces a civil fraud lawsuit brought by
New Yorks attorney general.
Mr. Trump is also under investigation in Georgia over attempted
interference in the 2020 election, and a federal special counsel is
examining the discovery of sensitive documents at Mar-a-Lago, as well as
his role in the events leading up to the Jan. 6, 2021, assault on the
Capitol. Mr. Trump has denied wrongdoing in all the cases, and argued that
the lawsuits and investigations are meant to drag him down.
Ms. Carroll, during her testimony, was asked by another of her lawyers,
Michael J. Ferrara, whether she was glad she had spoken publicly about what
Mr. Trump did to her or regretted doing so.
I have regretted this about a hundred times, but in the end in the end,
being able to get my day in court finally is everything to me, she said.
Im glad that I got to tell my story in court.
Nate Schweber, Hurubie Meko and Maggie Haberman contributed reporting.
Kate Christobek
May 9, 2023, 8:21 p.m. ETMay 9, 2023
Kate Christobek
On Truth Social, Trump continued his attacks, focusing on Judge Lewis A.
Kaplan. He wrote: "What else can you expect from a Trump Hating, Clinton
appointed judge, who went out of his way to make sure that the result was
as negative as it could possible be, speaking to, and in control of, a jury
from an anti-Trump area which is probably the worst place in the U.S. for
me to get a fair 'trial.'
Nate Schweber
May 9, 2023, 7:03 p.m. ETMay 9, 2023
Nate Schweber
Trumps lawyer vows to appeal the verdict.
Image
Donald J. Trumps lawyer, Joseph Tacopina, said outside federal court that
his client would appeal.Credit...Jefferson Siegel for The New York Times
Outside of the courthouse in Lower Manhattan, Donald J. Trumps lawyer,
Joseph Tacopina, said the trial had been unfair in several ways and his
client intended to appeal the verdict.
Mr. Tacopina said Judge Lewis A. Kaplan, who oversaw the case in federal
court, had displayed a bias toward Ms. Carroll in several decisions. He
called the court highly prejudicial.
For starters, Mr. Tacopina said, the judge allowed E. Jean Carrolls
lawyers to play for the jury the Access Hollywood tape in which Mr. Trump
boasted about how his status as a celebrity gave him the ability to kiss
and grab womens genitalia without asking.
There were things that happened in this case that were beyond the pale,
Mr. Tacopina said. He added: In New York you cant get a fair trial.
Mr. Tacopina defended Mr. Trumps decision not to testify.
This was a circus atmosphere, and having him be here would be more of a
circus, Mr. Tacopina said. He added that Mr. Trump could do little more
than say, I didnt do it? And he said that under oath here. Its hard to
prove a negative.
He said that he thought the anonymous jury was particularly unfair to Mr.
Trumps side.
We should have been able to tell something about the background of these
people, he said. Unfortunately, having anonymous jurors, even kept from
the lawyers, I dont think was fair or was right.
When asked if the verdict would derail Trumps presidential campaign, Mr.
Tacopina had a one word answer.
Nope, he said.
Read the Completed Jury Verdict Form in the Trump-Carroll Case
A jury, which held former President Donald J. Trump liable on Tuesday for
the sexual abuse and defamation of E. Jean Carroll and awarded her $5
million, completed a verdict form that spelled out possible findings.
Jonathan Weisman
May 9, 2023, 6:20 p.m. ETMay 9, 2023
Jonathan Weisman
Most of Trumps rivals for the G.O.P. nomination avoid attacking him over
the verdict.
Image
Gov. Ron DeSantis speaking at a lectern.
Gov. Ron DeSantis of Florida, a Republican, remained quiet after a jury
found that former President Donald J. Trump was liable for sexual abuse.
Credit...Jamie Kelter Davis for The New York Times
A Manhattan jurys decision to hold former President Trump liable for
sexual abuse and defamation came as competitors for the Republican
nomination for president were trying to either win over Mr. Trumps
supporters or break through as the main voice of the opposition to the
former president.
Many of Mr. Trumps rivals and potential rivals stayed quiet as news of the
verdict spread, including Gov. Ron DeSantis of Florida, Senator Tim Scott
of South Carolina and former Gov. Nikki Haley of South Carolina.
But Asa Hutchinson, a former governor of Arkansas and a longtime critic of
Mr. Trump, was quick to seize the opposition mantle. He said that, as a
former prosecutor, he had seen firsthand how a cavalier and arrogant
contempt for the rule of law can backfire.
The jury verdict should be treated with seriousness and is another example
of the indefensible behavior of Donald Trump, Mr. Hutchinson said.
One long-shot for the partys nomination, the entrepreneur and author Vivek
Ramaswamy, showed a reluctance to challenge the former president and his
legion of supporters, who steadfastly believe in Mr. Trumps innocence.
Ill say what everyone else is privately thinking: If the defendant
werent named Donald Trump, would there even be a lawsuit? Mr. Ramaswamy
said in a statement, citing the age of the allegation, which goes back to
the 1990s, and other legal actions pending against the former president.
Believe me, it would be a lot easier for me if Trump werent in this
race, said Mr. Ramaswamy, who has a law degree from Yale. But in America
we dont weaponize the law with decades-old allegations to undercut our
political opponents.
Lola Fadulu
May 9, 2023, 5:48 p.m. ETMay 9, 2023
Lola Fadulu
New York law gave jurors three types of battery to consider in the Trump
case.
Image
Cameras outside a courthouse.
New York law spells out precisely what acts constitute what sort of abuse.
Credit...Brittainy Newman for The New York Times
Judge Lewis A. Kaplan on Monday morning walked jurors through a verdict
form, explaining what battery meant in the context of a civil lawsuit and
that there were gradations of that wrongful act.
He offered three types of battery for which Mr. Trump might be liable under
New York law: rape, sexual abuse and forcible touching.
To find that Mr. Trump raped Ms. Carroll, the jurors needed to believe that
it was more likely than not that Mr. Trump engaged in sexual intercourse by
physical force. The judge explained that any penetration of the penis into
the vaginal opening constituted intercourse.
To find that Mr. Trump sexually abused Ms. Carroll, the jurors needed to
believe that Mr. Trump subjected Ms. Carroll to sexual contact by physical
force. Sexual contact is defined as touching the sexual or other intimate
parts of another person, Judge Kaplan said.
Forcible touching, the judge said, includes squeezing, grabbing, pinching,
rubbing or other bodily contact that involves the application of some level
of pressure to the victims sexual or intimate parts.
Thumbnail of page 1
Read the Completed Jury Verdict Form in the Trump-Carroll Case
A jury, which held former President Donald J. Trump liable on Tuesday for
the sexual abuse and defamation of E. Jean Carroll and awarded her $5
million, completed a verdict form that spelled out possible findings.
Read Document 3 pages
The jury ultimately determined that Ms. Carroll had proved that Mr. Trump
sexually abused her and that $2 million would fairly and adequately
compensate her.
Jurors found that Mr. Trump should pay Ms. Carroll $20,000 in punitive
damages because his conduct was, as stated in the language of the verdict
form, willfully or wantonly negligent, reckless, or done with a conscious
disregard of the rights of Ms. Carroll.
The jury also awarded damages on her allegations of defamation.
Michael Grynbaum
May 9, 2023, 5:31 p.m. ETMay 9, 2023
Michael Grynbaum
Mr. Trump is still set to appear live on CNN on Wednesday evening for a
town hall in New Hampshire. The network said it had received no indication
of a change in Mr. Trumps plans.
Ben Weiser
May 9, 2023, 5:11 p.m. ETMay 9, 2023
Ben Weiser
E. Jean Carroll has issued a statement on the verdict: I filed this
lawsuit against Donald Trump to clear my name and to get my life back.
Today, the world finally knows the truth. This victory is not just for me
but for every woman who has suffered because she was not believed."
Nate Schweber
May 9, 2023, 4:57 p.m. ETMay 9, 2023
Nate Schweber
Trump's lawyer Joseph Tacopina said outside the courthouse that his client
would appeal.
Strange verdict, he said. This was a rape claim, this was a rape case
all along and the jury rejected that, made other findings. Well obviously
be appealing those other findings.
Image
Credit...Brittainy Newman for The New York Times
Nate Schweber
May 9, 2023, 5:04 p.m. ETMay 9, 2023
Nate Schweber
Tacopina said Trump was vindicated by being found not liable for rape, and
added that it was impossible for Trump to get a fair trial in New York
City.
Jonah Bromwich
May 9, 2023, 4:08 p.m. ETMay 9, 2023
Jonah Bromwich
Trump had been thriving politically before the verdict and it is not clear
how or whether the jurys determination will affect his momentum.
Criminal investigations against him have done little to hurt him with his
supporters. It remains to be seen whether the verdict will be a different
story.
Lola Fadulu
May 9, 2023, 4:08 p.m. ETMay 9, 2023
Lola Fadulu
Heres a closer look at the $5 million in damages that the jury awarded
Carroll.
Image
E. Jean Carroll wearing sunglasses and smiling as she leaves court on
Tuesday in New York.
E. Jean Carroll on Tuesday. She was awarded $5 million in
damages.Credit...Brittainy Newman for The New York Times
The jury determined that E. Jean Carroll, who accused Donald J. Trump of
rape and defamation, should be paid a total of $5 million in damages. Here
is a breakdown:
The jury decided that Ms. Carroll proved by a preponderance of the
evidence that Mr. Trump sexually abused her, and that she was injured by a
result of his conduct. The jury decided that $2 million would fairly and
adequately compensate her for her injuries.
The jury also decided that Mr. Trump should pay Ms. Carroll $20,000 in
punitive damages because his conduct was willfully or wantonly negligent,
reckless, or done with a conscious disregard of the rights of Ms. Carroll,
or was so reckless as to amount to such disregard.
The jury also found that Mr. Trump defamed Ms. Carroll and that she was
injured as a result of his October 2022 Truth Social post about her. They
decided that she should be paid $1 million for damages unrelated to a
reputation repair program, and $1.7 million for a reputation repair program
only.
The jury also found that Mr. Trump acted maliciously, out of hatred,
ill will, spite, or wanton, reckless, or willful disregard of the rights of
another and that Ms. Carroll should be paid $280,000.
Daniel Victor
May 9, 2023, 4:06 p.m. ETMay 9, 2023
Daniel Victor
What timing: Trump is scheduled to appear at a forum airing on CNN on
Wednesday, his first appearance on the network since the 2016 presidential
campaign. The networks morning show co-host Kaitlan Collins is set to
moderate, taking questions from Republicans and independents.
Jonah Bromwich
May 9, 2023, 3:58 p.m. ETMay 9, 2023
Jonah Bromwich
Carroll brought her lawsuit under the Adult Survivors Act, a New York law
signed in 2022 that allowed victims of abuse a one-time opportunity to sue
those responsible, even if the statute of limitations was up. Gov. Kathy
Hochul of New York said on Tuesday after the verdict, I was proud to sign
the Adult Survivors Act so brave survivors like E. Jean Carroll could have
their day in court.
Image
Credit...Jefferson Siegel for The New York Times
May 9, 2023, 3:58 p.m. ETMay 9, 2023
Lola FaduluKate Christobek and Benjamin Weiser
E. Jean Carroll described an assault in minute detail.
Image
E. Jean Carroll said in court that being raped by Donald J. Trump was an
event that carried lifelong consequences.Credit...Jefferson Siegel for The
New York Times
Across three days of vivid and sometimes contentious testimony, E. Jean
Carroll recounted for a jury the day she said Donald J. Trump attacked her,
sparring with a lawyer for the former president as she told her story.
Ms. Carroll, a former magazine columnist, said in a Manhattan federal court
that the encounter with Mr. Trump started with banter after he stopped her
at the 58th Street exit of the Bergdorf Goodman department store nearly
three decades ago.
Ms. Carroll said Mr. Trump asked her to help select a gift for a female
friend. I love to give advice, and here was Donald Trump asking me for
advice about buying a present, she said.
She described to the jury how they went to the lingerie section and
stumbled upon a gray-blue bodysuit. Mr. Trump directed her to go put this
on, she said. She declined and told him to put it on instead banter that
she described as jesting and joshing.
Then, she said, Mr. Trump motioned her inside the dressing room,
immediately shut the door and shoved her against the wall.
Ms. Carroll said Mr. Trump used his weight to pin her and pulled down her
tights. She grew emotional as she spoke. I was pushing him back, she
said, adding, I was almost too frightened to think.
His fingers went into my vagina, which was extremely painful, Ms. Carroll
said. Then, she said, he inserted his penis.
Ms. Carroll said she used her knee to push Mr. Trump away and fled.
The event had lifelong consequences, she said: It left me unable to ever
have a romantic life again.
Mr. Trump has denied Ms. Carrolls allegations. During cross-examination, a
lawyer for the former president questioned Ms. Carroll about her politics,
the decades it took her to come forward and her inability to recall the
year that the alleged attack took place.
Mr. Trumps lawyer, Joseph Tacopina, insinuated that Ms. Carroll
strategically chose to reveal her story to increase sales of a memoir in
which she first publicly brought her allegation.
Ms. Carroll, however, said that she decided to go public after The New York
Timess bombshell reporting about Harvey Weinstein, which set off the
#MeToo movement. She said that telling her story about Mr. Trump might be
a way to change the culture of sexual violence.
The lawyer pressed Ms. Carroll repeatedly about basic facts, probing for
inconsistencies and asking about her inability to remember precisely when
in 1995 or 1996 the encounter occurred.
I wish to heaven we could give you a date, she replied.
Mr. Tacopina also questioned Ms. Carroll about whether she had screamed for
help.
Im not a screamer, Ms. Carroll responded. I was fighting, she said.
You cant beat up on me for not screaming.
Mr. Tacopina said he was not, but Ms. Carroll, her voice rising, said from
the witness stand that women often keep silent about attacks because they
fear being asked what they could have done to stop it.
They are always asked, Why didnt you scream? Ms. Carroll said.
He raped me, whether I screamed or not, she declared.
Maggie Haberman
May 9, 2023, 3:58 p.m. ETMay 9, 2023
Maggie Haberman
More from Trump, this time to Fox News Digital: "Well appeal. We got
treated very badly by the Clinton-appointed judge, Trump said.
He added: I have no idea who this woman is.
Lola Fadulu
May 9, 2023, 3:56 p.m. ETMay 9, 2023
Lola Fadulu
Before discharging the jury, Judge Lewis A. Kaplan suggested to the jurors
that they not identify yourselves, not now and not for a long time. This
jury, composed of six men and three women, has been anonymous throughout
the trial, even to the judge and the lawyers. The judge said during jury
selection at the end of April that the jurors would be picked up in cars
from assembly points and be brought into the courthouse through a garage.
He said at the time that it was all for your protection.
Jonah Bromwich
May 9, 2023, 3:55 p.m. ETMay 9, 2023
Jonah Bromwich
Trump was first heard discussing assaults on women when the Access
Hollywood tape became public during the 2016 campaign. When he won the
presidential election after that, it seemed as though the tape had
ultimately had little impact. But Carrolls lawyers used the tape to build
a damning case against Trump, one that ultimately proved successful, as
jurors appear to have accepted the connection between his infamous words
then when youre a star, they let you do it and his attack on
Carroll.
Image
Credit...Stephen Crowley/The New York Times
Maggie Astor
May 9, 2023, 3:49 p.m. ETMay 9, 2023
Maggie Astor
RAINN, the nations largest anti-sexual-violence organization, released a
statement after the verdict. We thank E. Jean Carroll, who will inspire
survivors to come forward to tell their stories and face perpetrators,
said the groups president and founder, Scott Berkowitz. This case
demonstrates that all perpetrators, no matter how powerful, can and will be
held accountable.
Jonathan Weisman
May 9, 2023, 3:49 p.m. ETMay 9, 2023
Jonathan Weisman
The first response from a rival of Trump in the Republican primaries came
from a long-shot, former Gov. Asa Hutchinson of Arkansas: Over the course
of my over 25 years of experience in the courtroom, I have seen first hand
how a cavalier and arrogant contempt for the rule of law can backfire. The
jury verdict should be treated with seriousness and is another example of
the indefensible behavior of Donald Trump.
Image
Credit...Kaiti Sullivan for The New York Times
Lola Fadulu
May 9, 2023, 3:48 p.m. ETMay 9, 2023
Lola Fadulu
Ashlee Humphreys, an expert in sociology and communications, testified on
Carrolls behalf that it would cost as much as $2.7 million to run a
reputational repair campaign for Carroll.
Maggie Haberman
May 9, 2023, 3:45 p.m. ETMay 9, 2023
Maggie Haberman
Here is part of the Trump campaigns first response: In jurisdictions
wholly controlled by the Democratic Party our nations justice system is
now compromised by extremist left-wing politics. We have allowed false and
totally made-up claims from troubled individuals to interfere with our
elections, doing great damage.
The campaign added: This case will be appealed, and we will ultimately
win.
Daniel Victor
May 9, 2023, 3:43 p.m. ETMay 9, 2023
Daniel Victor
On Truth Social, Trump responded: I have absolutely no idea who this woman
is. This verdict is a disgrace a continuation of the greatest witch hunt
of all time!
Lola Fadulu
May 9, 2023, 3:41 p.m. ETMay 9, 2023
Lola Fadulu
Judge Lewis A. Kaplan said that for the jury to establish that Trump raped
Carroll, she had to prove that Trump engaged in sexual intercourse with
her, and that he did it without her consent. The judge said that sexual
intercourse includes any penetration of the penis into the vaginal
opening.
Kate Christobek
May 9, 2023, 3:36 p.m. ETMay 9, 2023
Kate Christobek
Carroll just walked out of the Manhattan Federal Courthouse smiling ear to
ear and holding hands with her attorney Roberta Kaplan.
Video
0:15
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Kate Christobek
May 9, 2023, 3:36 p.m. ETMay 9, 2023
Kate Christobek
A woman yelled to her, Youre so brave and beautiful, to which Carroll
said, Thank you, thank you so much. She didnt answer any questions and
got in a car to leave.
Ben Weiser
May 9, 2023, 3:08 p.m. ETMay 9, 2023
Ben Weiser
The jury has found that Carroll did not prove Trump had raped her, but they
did determine that he had sexually abused her. The jurors also found that
Trump had defamed Carroll when he called her accusations false. They
awarded her $5 million damages.
Image
Credit...Sophie Park for The New York Times
Kate Christobek
May 9, 2023, 2:55 p.m. ETMay 9, 2023
Kate Christobek
A civil trial differs in key respects from a criminal case.
Image
The jurors deliberated for about three hours on Tuesday before reaching
their verdict.Credit...Brittainy Newman for The New York Times
The accusation at the heart of the trial that just ended in Manhattan
federal court sounds like a classic criminal case an alleged sexual
assault in the dressing room of a luxury department store.
But the jury of nine New Yorkers were not asked to decide if former
president Donald J. Trump was guilty of raping the writer E. Jean Carroll
as she testified he did in the mid 1990s. No criminal charges were ever
brought.
Instead, Ms. Carroll sued Mr. Trump for battery and defamation.
That means the jury was asked to determine Mr. Trumps liability
whether Mr. Trump is legally responsible for harming Ms. Carroll in ways
that meet New York States definition of battery.
The jurors began their deliberations just before noon on Tuesday. Their
verdicts must be unanimous.
To have Mr. Trump found liable for battery, Ms. Carroll must clear a lower
bar than the beyond a reasonable doubt standard of a criminal trial.
Instead, jurors must find that the preponderance of the evidence supports
Ms. Carrolls claim to have been raped, sexually abused or forcibly touched
by Mr. Trump, meaning the jury believes the accusation is more likely true
than untrue. The jury must also decide how much to award Ms. Carroll in
damages if they side with her.
The jury also examined Ms. Carrolls defamation claim, stemming from a 2022
post on Truth Social in which Mr. Trump called Ms. Carrolls case a
complete con job and a Hoax and a lie. The jurors have to decide if Mr.
Trump knew what he was saying was false but said it anyway to meet a
standard known as actual malice.
Should the jurors find Mr. Trump liable for defamation, they will also
assess what, if any, additional damages to award to Ms. Carroll.
Ms. Carroll has not requested a specific amount of damages she is seeking
for her battery claim. Last week, an expert witness called by Ms. Carroll
testified it would cost as much as $2.7 million to run a campaign that
would repair her reputation.
Ben Weiser
A verdict has been reached in the E. Jean Carroll v. Trump trial, according
to a court spokesman. It will be delivered at 3 p.m. today in the
courtroom. The jury began deliberating today shortly before noon.
May 9, 2023, 2:49 p.m. ETMay 9, 2023
During closing arguments on Monday in the civil trial over the writer E.
Jean Carrolls accusation that former President Donald J. Trump raped her,
one of her lawyers focused on the man who was missing from the courtroom.
Mr. Trump did not testify on his own behalf or even show up.
He just decided not to be here, the lawyer, Michael J. Ferrara, told the
jury on Monday. He never looked you in the eye and denied raping Ms.
Carroll.
He added, You should draw the conclusion that thats because he did it.
But Mr. Trumps lawyer, Joseph Tacopina, said that there was no reason for
his client to appear in court. The rape allegation, he said, was a complete
invention.
Amazing. Odd. Inconceivable. Unbelievable, Mr. Tacopina said. Everything
in this case is one of those things.
As closing arguments began Monday morning, Roberta A. Kaplan, Ms. Carrolls
lead lawyer, took the jury through the evidence, Ms. Carrolls testimony
and witnesses statements that she said supported it.
Ms. Kaplan said the defenses position that Ms. Carroll and her witnesses
were all lying was preposterous. Donald Trumps defense here is
essentially that there is a vast conspiracy against him, she said.
Over his closing that lasted more than two hours, Mr. Tacopina challenged
not only Ms. Carrolls testimony but also that of nearly every other
witness who took the stand in her case.
Donald Trump doesnt have a story to tell here, other than to say its a
lie, Mr. Tacopina said in his summation. He questioned who might even be
appropriate to call to the witness stand, asking, How do you prove a
negative?
Trump Rape Lawsuit Jury Finds Trump Liable for Sexual Abuse and Defamation
A jury of six men and three women awarded the writer E. Jean Carroll $5
million in damages. Donald J. Trump called the verdict a disgrace.
May 9, 2023
Image
E. Jean Carroll, center, leaving court in New York on Tuesday
afternoon.Credit...Brittainy Newman for The New York Times
Pinned
Benjamin WeiserLola Fadulu and Kate Christobek
Donald Trump Sexually Abused and Defamed E. Jean Carroll, Jury Finds
Video
Jury Finds Trump Liable, Awarding E. Jean Carroll $5 Million
0:40
Video player loading
The former writer left the Manhattan courthouse smiling after a jury found
that Donald Trump had sexually abused and defamed her. Mr. Trumps lawyer
said he intended to appeal.CreditCredit...Brittainy Newman for The New York
Times
A Manhattan jury on Tuesday found former President Donald J. Trump liable
for sexually abusing and defaming E. Jean Carroll and awarded her $5
million in damages. More than a dozen women have accused Mr. Trump of
sexual misconduct over the years, but this is the only allegation to be
affirmed by a jury.
In the civil case, the federal jury of six men and three women found that
Ms. Carroll, 79, a former magazine writer, had sufficiently proved that Mr.
Trump sexually abused her nearly 30 years ago in a dressing room of the
Bergdorf Goodman department store in Manhattan. The jury did not, however,
find he had raped her, as she had long claimed.
The jury, in returning the verdict shortly before 3 p.m., also found that
Mr. Trump, who is running to regain the presidency, defamed Ms. Carroll in
October when he posted a statement on his Truth Social platform calling her
case a complete con job and a Hoax and a lie. His lawyer said he
intended to appeal.
Mr. Trumps lawyers called no witnesses, and he never appeared at the trial
to hear Ms. Carroll, who had sued him last year, deliver visceral testimony
about the attack she said had ended her romantic life forever.
Image
Donald Trump at a lectern.
Donald Trump, who avoided the trial, continued to say he did not know Ms.
Carroll. Credit...Sophie Park for The New York Times
On Tuesday, Ms. Carroll nodded along as a court clerk read the verdict
aloud, her nod growing more pronounced as the clerk said Mr. Trump was
liable for defamation. She walked out of the courthouse grinning from ear
to ear, holding hands with her lawyer, Roberta A. Kaplan. A woman yelled to
Ms. Carroll, Youre so brave and beautiful. Ms. Carroll replied, Thank
you, thank you so much.
In a later statement, she said: I filed this lawsuit against Donald Trump
to clear my name and to get my life back. Today, the world finally knows
the truth. This victory is not just for me but for every woman who has
suffered because she was not believed.
For decades, Mr. Trump had reveled in projecting the image of a man
irresistible to women, engineering tabloid headlines like Best Sex Ive
Ever Had, appearing in the introduction of a 1999 Playboy magazine
centerfold video and bragging in an exchange caught on video about how, as
a celebrity, he could grab womens genitals with impunity. Now the jury has
labeled him not a Lothario but an abuser.
Its unanimous verdict came after just under three hours of deliberation.
The findings are civil, not criminal, meaning Mr. Trump has not been
convicted of any crime and faces no prison time.
Image
E. Jean Carroll leaves court in her sunglasses.
Today, the world finally knows the truth, Ms. Carroll said after court.
This victory is not just for me but for every woman who has suffered
because she was not believed.Credit...Brittainy Newman for The New York
Times
In a Truth Social post after the verdict, Mr. Trump continued to insist
that he did not know Ms. Carroll: I have absolutely no idea who this woman
is. This verdict is a disgrace a continuation of the greatest witch hunt
of all time!
His lawyer Joseph Tacopina said outside the courthouse that the case would
be appealed. He also defended Mr. Trumps absence from the courtroom and
his decision not to testify in his own defense.
This was a circus atmosphere, and having him be here would be more of a
circus, Mr. Tacopina said.
He noted that Mr. Trump had denied Ms. Carrolls allegation in a video
deposition that her lawyers played for the jury. He also said Ms. Carrolls
lawyers should never have been allowed to play the Access Hollywood
recording for the jury, in which Mr. Trump was captured boasting in vulgar
terms about grabbing women by the genitals.
And he complained about the decision by the judge, Lewis A. Kaplan, to have
an anonymous jury hear the case, with their names kept even from the
lawyers.
There were things that happened in this case that were beyond the pale,
said Mr. Tacopina, who also complained about what he said was bias
displayed by the court.
Mr. Tacopina clashed with Judge Kaplan at times and even filed a motion
seeking a mistrial based on pervasive, unfair and prejudicial rulings
based in part on what he described as the judges improperly sustaining
objections by Ms. Carrolls lawyers, who argued that his questions were
argumentative.
At one point, Judge Kaplan quoted the definition of an argumentative
question from Blacks Law Dictionary, reading it aloud to Mr. Tacopina.
Image
Joseph Tacopina gesticulates to reporters.
Joseph Tacopina, Mr. Trumps lawyer, clashed frequently with the judge, and
said the proceedings were biased against his client. Credit...Brittainy
Newman for The New York Times
During his instructions to the jury on Tuesday, the judge explained their
three options for finding Mr. Trump liable for battery, meaning an assault
on Ms. Carroll: that he had raped her, sexually abused her or forcibly
touched her. A unanimous vote would affirm that Ms. Carroll had proven that
it was more likely than not to be true that he had committed an offense,
the judge explained.
In a criminal case, when jurors are asked to assess guilt, they must meet
the much higher standard of beyond a reasonable doubt.
Thumbnail of page 1
Read the Completed Jury Verdict Form in the Trump-Carroll Case
A jury, which held former President Donald J. Trump liable on Tuesday for
the sexual abuse and defamation of E. Jean Carroll and awarded her $5
million, completed a verdict form that spelled out possible findings.
Read Document 3 pages
It was not clear why jurors chose the lesser offense of abuse over rape.
Sexual abuse is defined in New York as subjecting a person to sexual
contact without consent. Rape is defined under state law as sexual
intercourse without consent that involves any penetration of the penis in
the vaginal opening.
During the trial, Ms. Carroll, a former advice columnist for Elle magazine
who was well known in Manhattan media circles, had testified that the
attack followed a chance encounter one evening at Bergdorfs, a fashionable
department store on Fifth Avenue. Mr. Trump, she said, asked her to help
him buy a present for a female friend.
They ended up in the lingerie section, where he motioned her over to a
dressing room, shut the door and began assaulting her. He shoved her
against the wall and, using his weight to pin her, he pulled down her
tights and forced his fingers into her vagina and then, she said, his
penis.
She pushed back, stamped with her heels and used her knee to push Mr. Trump
off her, and she fled the store. Other than telling two friends, she kept
the encounter a secret for more than 20 years until she disclosed it in a
2019 book excerpt in New York magazine.
Ms. Carroll and 10 other witnesses called on her behalf testified during
the two-week trial. They included the friends Lisa Birnbach, a journalist
and author, and Carol Martin, a former TV anchor in whom she had confided
almost immediately after the attack, telling them what Mr. Trump had done.
Two other women testified that Mr. Trump had sexually assaulted them years
ago in ways that were similar to the way Ms. Carroll described being
attacked.
Image
Carol Martin leaves court, wearing sunglasses.
Carol Martin, a friend, said that Ms. Carroll had confided in her soon
after the attack.Credit...Jefferson Siegel for The New York Times
Ms. Carroll was able to bring her lawsuit after New York State last year
enacted a new law granting adult sexual abuse victims a one-year window to
sue people they say abused them, even if the criminal statute of
limitations had long expired.
For far too long, survivors of sexual assault faced a wall of doubt and
intimidation, her lawyer, Ms. Kaplan, said after the verdict. We hope and
believe todays verdict will be an important step in tearing that wall
down.
While Mr. Trump avoided the trial, he repeatedly attacked Ms. Carroll from
outside the courtroom during the proceeding, initially on Truth Social and
last week in an interview from a golf course in Ireland, where he suggested
he would return to New York to testify in his own defense. In the end, he
did not.
In his closing argument, Mr. Tacopina argued that there was no need for Mr.
Trump to appear, because the incident at Bergdorfs did not happen. He said
that he presented his clients defense through his cross-examination of Ms.
Carroll and her witnesses.
If something is completely made up," Mr. Tacopina told the jury, the only
way to defend yourself against that accusation is by challenging the people
who made it up and the story itself.
During this cross-examination, one area he focused on was Ms. Carrolls
testimony that she did not scream during the assault.
Im not a screamer, she responded, adding that she was in too much of a
panic. I was fighting, she said. You cant beat up on me for not
screaming.
Image
Bergdorf Goodman on Fifth Avenue
The attack occurred in Bergdorf Goodman, a luxury store on Fifth
Avenue.Credit...Stephanie Keith for The New York Times
Mr. Tacopina replied: Im not beating up on you. Im asking you questions,
Ms. Carroll.
No, Ms. Carroll interjected. She said that one of the reasons women do
not come forward is because they are always asked why didnt you scream.
Some women scream. Some women dont. It keeps women silent.
Ms. Carroll, her voice rising as she testified, said, Im telling you, he
raped me, whether I screamed or not.
The verdict comes as Mr. Trump confronts a barrage of legal actions. In
April, he pleaded not guilty to New York fraud charges stemming from hush
money paid to a porn star, and he faces a civil fraud lawsuit brought by
New Yorks attorney general.
Mr. Trump is also under investigation in Georgia over attempted
interference in the 2020 election, and a federal special counsel is
examining the discovery of sensitive documents at Mar-a-Lago, as well as
his role in the events leading up to the Jan. 6, 2021, assault on the
Capitol. Mr. Trump has denied wrongdoing in all the cases, and argued that
the lawsuits and investigations are meant to drag him down.
Ms. Carroll, during her testimony, was asked by another of her lawyers,
Michael J. Ferrara, whether she was glad she had spoken publicly about what
Mr. Trump did to her or regretted doing so.
I have regretted this about a hundred times, but in the end in the end,
being able to get my day in court finally is everything to me, she said.
Im glad that I got to tell my story in court.
Nate Schweber, Hurubie Meko and Maggie Haberman contributed reporting.
Kate Christobek
May 9, 2023, 8:21 p.m. ETMay 9, 2023
Kate Christobek
On Truth Social, Trump continued his attacks, focusing on Judge Lewis A.
Kaplan. He wrote: "What else can you expect from a Trump Hating, Clinton
appointed judge, who went out of his way to make sure that the result was
as negative as it could possible be, speaking to, and in control of, a jury
from an anti-Trump area which is probably the worst place in the U.S. for
me to get a fair 'trial.'
Nate Schweber
May 9, 2023, 7:03 p.m. ETMay 9, 2023
Nate Schweber
Trumps lawyer vows to appeal the verdict.
Image
Donald J. Trumps lawyer, Joseph Tacopina, said outside federal court that
his client would appeal.Credit...Jefferson Siegel for The New York Times
Outside of the courthouse in Lower Manhattan, Donald J. Trumps lawyer,
Joseph Tacopina, said the trial had been unfair in several ways and his
client intended to appeal the verdict.
Mr. Tacopina said Judge Lewis A. Kaplan, who oversaw the case in federal
court, had displayed a bias toward Ms. Carroll in several decisions. He
called the court highly prejudicial.
For starters, Mr. Tacopina said, the judge allowed E. Jean Carrolls
lawyers to play for the jury the Access Hollywood tape in which Mr. Trump
boasted about how his status as a celebrity gave him the ability to kiss
and grab womens genitalia without asking.
There were things that happened in this case that were beyond the pale,
Mr. Tacopina said. He added: In New York you cant get a fair trial.
Mr. Tacopina defended Mr. Trumps decision not to testify.
This was a circus atmosphere, and having him be here would be more of a
circus, Mr. Tacopina said. He added that Mr. Trump could do little more
than say, I didnt do it? And he said that under oath here. Its hard to
prove a negative.
He said that he thought the anonymous jury was particularly unfair to Mr.
Trumps side.
We should have been able to tell something about the background of these
people, he said. Unfortunately, having anonymous jurors, even kept from
the lawyers, I dont think was fair or was right.
When asked if the verdict would derail Trumps presidential campaign, Mr.
Tacopina had a one word answer.
Nope, he said.
Read the Completed Jury Verdict Form in the Trump-Carroll Case
A jury, which held former President Donald J. Trump liable on Tuesday for
the sexual abuse and defamation of E. Jean Carroll and awarded her $5
million, completed a verdict form that spelled out possible findings.
Jonathan Weisman
May 9, 2023, 6:20 p.m. ETMay 9, 2023
Jonathan Weisman
Most of Trumps rivals for the G.O.P. nomination avoid attacking him over
the verdict.
Image
Gov. Ron DeSantis speaking at a lectern.
Gov. Ron DeSantis of Florida, a Republican, remained quiet after a jury
found that former President Donald J. Trump was liable for sexual abuse.
Credit...Jamie Kelter Davis for The New York Times
A Manhattan jurys decision to hold former President Trump liable for
sexual abuse and defamation came as competitors for the Republican
nomination for president were trying to either win over Mr. Trumps
supporters or break through as the main voice of the opposition to the
former president.
Many of Mr. Trumps rivals and potential rivals stayed quiet as news of the
verdict spread, including Gov. Ron DeSantis of Florida, Senator Tim Scott
of South Carolina and former Gov. Nikki Haley of South Carolina.
But Asa Hutchinson, a former governor of Arkansas and a longtime critic of
Mr. Trump, was quick to seize the opposition mantle. He said that, as a
former prosecutor, he had seen firsthand how a cavalier and arrogant
contempt for the rule of law can backfire.
The jury verdict should be treated with seriousness and is another example
of the indefensible behavior of Donald Trump, Mr. Hutchinson said.
One long-shot for the partys nomination, the entrepreneur and author Vivek
Ramaswamy, showed a reluctance to challenge the former president and his
legion of supporters, who steadfastly believe in Mr. Trumps innocence.
Ill say what everyone else is privately thinking: If the defendant
werent named Donald Trump, would there even be a lawsuit? Mr. Ramaswamy
said in a statement, citing the age of the allegation, which goes back to
the 1990s, and other legal actions pending against the former president.
Believe me, it would be a lot easier for me if Trump werent in this
race, said Mr. Ramaswamy, who has a law degree from Yale. But in America
we dont weaponize the law with decades-old allegations to undercut our
political opponents.
Lola Fadulu
May 9, 2023, 5:48 p.m. ETMay 9, 2023
Lola Fadulu
New York law gave jurors three types of battery to consider in the Trump
case.
Image
Cameras outside a courthouse.
New York law spells out precisely what acts constitute what sort of abuse.
Credit...Brittainy Newman for The New York Times
Judge Lewis A. Kaplan on Monday morning walked jurors through a verdict
form, explaining what battery meant in the context of a civil lawsuit and
that there were gradations of that wrongful act.
He offered three types of battery for which Mr. Trump might be liable under
New York law: rape, sexual abuse and forcible touching.
To find that Mr. Trump raped Ms. Carroll, the jurors needed to believe that
it was more likely than not that Mr. Trump engaged in sexual intercourse by
physical force. The judge explained that any penetration of the penis into
the vaginal opening constituted intercourse.
To find that Mr. Trump sexually abused Ms. Carroll, the jurors needed to
believe that Mr. Trump subjected Ms. Carroll to sexual contact by physical
force. Sexual contact is defined as touching the sexual or other intimate
parts of another person, Judge Kaplan said.
Forcible touching, the judge said, includes squeezing, grabbing, pinching,
rubbing or other bodily contact that involves the application of some level
of pressure to the victims sexual or intimate parts.
Thumbnail of page 1
Read the Completed Jury Verdict Form in the Trump-Carroll Case
A jury, which held former President Donald J. Trump liable on Tuesday for
the sexual abuse and defamation of E. Jean Carroll and awarded her $5
million, completed a verdict form that spelled out possible findings.
Read Document 3 pages
The jury ultimately determined that Ms. Carroll had proved that Mr. Trump
sexually abused her and that $2 million would fairly and adequately
compensate her.
Jurors found that Mr. Trump should pay Ms. Carroll $20,000 in punitive
damages because his conduct was, as stated in the language of the verdict
form, willfully or wantonly negligent, reckless, or done with a conscious
disregard of the rights of Ms. Carroll.
The jury also awarded damages on her allegations of defamation.
Michael Grynbaum
May 9, 2023, 5:31 p.m. ETMay 9, 2023
Michael Grynbaum
Mr. Trump is still set to appear live on CNN on Wednesday evening for a
town hall in New Hampshire. The network said it had received no indication
of a change in Mr. Trumps plans.
Ben Weiser
May 9, 2023, 5:11 p.m. ETMay 9, 2023
Ben Weiser
E. Jean Carroll has issued a statement on the verdict: I filed this
lawsuit against Donald Trump to clear my name and to get my life back.
Today, the world finally knows the truth. This victory is not just for me
but for every woman who has suffered because she was not believed."
Nate Schweber
May 9, 2023, 4:57 p.m. ETMay 9, 2023
Nate Schweber
Trump's lawyer Joseph Tacopina said outside the courthouse that his client
would appeal.
Strange verdict, he said. This was a rape claim, this was a rape case
all along and the jury rejected that, made other findings. Well obviously
be appealing those other findings.
Image
Credit...Brittainy Newman for The New York Times
Nate Schweber
May 9, 2023, 5:04 p.m. ETMay 9, 2023
Nate Schweber
Tacopina said Trump was vindicated by being found not liable for rape, and
added that it was impossible for Trump to get a fair trial in New York
City.
Jonah Bromwich
May 9, 2023, 4:08 p.m. ETMay 9, 2023
Jonah Bromwich
Trump had been thriving politically before the verdict and it is not clear
how or whether the jurys determination will affect his momentum.
Criminal investigations against him have done little to hurt him with his
supporters. It remains to be seen whether the verdict will be a different
story.
Lola Fadulu
May 9, 2023, 4:08 p.m. ETMay 9, 2023
Lola Fadulu
Heres a closer look at the $5 million in damages that the jury awarded
Carroll.
Image
E. Jean Carroll wearing sunglasses and smiling as she leaves court on
Tuesday in New York.
E. Jean Carroll on Tuesday. She was awarded $5 million in
damages.Credit...Brittainy Newman for The New York Times
The jury determined that E. Jean Carroll, who accused Donald J. Trump of
rape and defamation, should be paid a total of $5 million in damages. Here
is a breakdown:
The jury decided that Ms. Carroll proved by a preponderance of the
evidence that Mr. Trump sexually abused her, and that she was injured by a
result of his conduct. The jury decided that $2 million would fairly and
adequately compensate her for her injuries.
The jury also decided that Mr. Trump should pay Ms. Carroll $20,000 in
punitive damages because his conduct was willfully or wantonly negligent,
reckless, or done with a conscious disregard of the rights of Ms. Carroll,
or was so reckless as to amount to such disregard.
The jury also found that Mr. Trump defamed Ms. Carroll and that she was
injured as a result of his October 2022 Truth Social post about her. They
decided that she should be paid $1 million for damages unrelated to a
reputation repair program, and $1.7 million for a reputation repair program
only.
The jury also found that Mr. Trump acted maliciously, out of hatred,
ill will, spite, or wanton, reckless, or willful disregard of the rights of
another and that Ms. Carroll should be paid $280,000.
Daniel Victor
May 9, 2023, 4:06 p.m. ETMay 9, 2023
Daniel Victor
What timing: Trump is scheduled to appear at a forum airing on CNN on
Wednesday, his first appearance on the network since the 2016 presidential
campaign. The networks morning show co-host Kaitlan Collins is set to
moderate, taking questions from Republicans and independents.
Jonah Bromwich
May 9, 2023, 3:58 p.m. ETMay 9, 2023
Jonah Bromwich
Carroll brought her lawsuit under the Adult Survivors Act, a New York law
signed in 2022 that allowed victims of abuse a one-time opportunity to sue
those responsible, even if the statute of limitations was up. Gov. Kathy
Hochul of New York said on Tuesday after the verdict, I was proud to sign
the Adult Survivors Act so brave survivors like E. Jean Carroll could have
their day in court.
Image
Credit...Jefferson Siegel for The New York Times
May 9, 2023, 3:58 p.m. ETMay 9, 2023
Lola FaduluKate Christobek and Benjamin Weiser
E. Jean Carroll described an assault in minute detail.
Image
E. Jean Carroll said in court that being raped by Donald J. Trump was an
event that carried lifelong consequences.Credit...Jefferson Siegel for The
New York Times
Across three days of vivid and sometimes contentious testimony, E. Jean
Carroll recounted for a jury the day she said Donald J. Trump attacked her,
sparring with a lawyer for the former president as she told her story.
Ms. Carroll, a former magazine columnist, said in a Manhattan federal court
that the encounter with Mr. Trump started with banter after he stopped her
at the 58th Street exit of the Bergdorf Goodman department store nearly
three decades ago.
Ms. Carroll said Mr. Trump asked her to help select a gift for a female
friend. I love to give advice, and here was Donald Trump asking me for
advice about buying a present, she said.
She described to the jury how they went to the lingerie section and
stumbled upon a gray-blue bodysuit. Mr. Trump directed her to go put this
on, she said. She declined and told him to put it on instead banter that
she described as jesting and joshing.
Then, she said, Mr. Trump motioned her inside the dressing room,
immediately shut the door and shoved her against the wall.
Ms. Carroll said Mr. Trump used his weight to pin her and pulled down her
tights. She grew emotional as she spoke. I was pushing him back, she
said, adding, I was almost too frightened to think.
His fingers went into my vagina, which was extremely painful, Ms. Carroll
said. Then, she said, he inserted his penis.
Ms. Carroll said she used her knee to push Mr. Trump away and fled.
The event had lifelong consequences, she said: It left me unable to ever
have a romantic life again.
Mr. Trump has denied Ms. Carrolls allegations. During cross-examination, a
lawyer for the former president questioned Ms. Carroll about her politics,
the decades it took her to come forward and her inability to recall the
year that the alleged attack took place.
Mr. Trumps lawyer, Joseph Tacopina, insinuated that Ms. Carroll
strategically chose to reveal her story to increase sales of a memoir in
which she first publicly brought her allegation.
Ms. Carroll, however, said that she decided to go public after The New York
Timess bombshell reporting about Harvey Weinstein, which set off the
#MeToo movement. She said that telling her story about Mr. Trump might be
a way to change the culture of sexual violence.
The lawyer pressed Ms. Carroll repeatedly about basic facts, probing for
inconsistencies and asking about her inability to remember precisely when
in 1995 or 1996 the encounter occurred.
I wish to heaven we could give you a date, she replied.
Mr. Tacopina also questioned Ms. Carroll about whether she had screamed for
help.
Im not a screamer, Ms. Carroll responded. I was fighting, she said.
You cant beat up on me for not screaming.
Mr. Tacopina said he was not, but Ms. Carroll, her voice rising, said from
the witness stand that women often keep silent about attacks because they
fear being asked what they could have done to stop it.
They are always asked, Why didnt you scream? Ms. Carroll said.
He raped me, whether I screamed or not, she declared.
Maggie Haberman
May 9, 2023, 3:58 p.m. ETMay 9, 2023
Maggie Haberman
More from Trump, this time to Fox News Digital: "Well appeal. We got
treated very badly by the Clinton-appointed judge, Trump said.
He added: I have no idea who this woman is.
Lola Fadulu
May 9, 2023, 3:56 p.m. ETMay 9, 2023
Lola Fadulu
Before discharging the jury, Judge Lewis A. Kaplan suggested to the jurors
that they not identify yourselves, not now and not for a long time. This
jury, composed of six men and three women, has been anonymous throughout
the trial, even to the judge and the lawyers. The judge said during jury
selection at the end of April that the jurors would be picked up in cars
from assembly points and be brought into the courthouse through a garage.
He said at the time that it was all for your protection.
Jonah Bromwich
May 9, 2023, 3:55 p.m. ETMay 9, 2023
Jonah Bromwich
Trump was first heard discussing assaults on women when the Access
Hollywood tape became public during the 2016 campaign. When he won the
presidential election after that, it seemed as though the tape had
ultimately had little impact. But Carrolls lawyers used the tape to build
a damning case against Trump, one that ultimately proved successful, as
jurors appear to have accepted the connection between his infamous words
then when youre a star, they let you do it and his attack on
Carroll.
Image
Credit...Stephen Crowley/The New York Times
Maggie Astor
May 9, 2023, 3:49 p.m. ETMay 9, 2023
Maggie Astor
RAINN, the nations largest anti-sexual-violence organization, released a
statement after the verdict. We thank E. Jean Carroll, who will inspire
survivors to come forward to tell their stories and face perpetrators,
said the groups president and founder, Scott Berkowitz. This case
demonstrates that all perpetrators, no matter how powerful, can and will be
held accountable.
Jonathan Weisman
May 9, 2023, 3:49 p.m. ETMay 9, 2023
Jonathan Weisman
The first response from a rival of Trump in the Republican primaries came
from a long-shot, former Gov. Asa Hutchinson of Arkansas: Over the course
of my over 25 years of experience in the courtroom, I have seen first hand
how a cavalier and arrogant contempt for the rule of law can backfire. The
jury verdict should be treated with seriousness and is another example of
the indefensible behavior of Donald Trump.
Image
Credit...Kaiti Sullivan for The New York Times
Lola Fadulu
May 9, 2023, 3:48 p.m. ETMay 9, 2023
Lola Fadulu
Ashlee Humphreys, an expert in sociology and communications, testified on
Carrolls behalf that it would cost as much as $2.7 million to run a
reputational repair campaign for Carroll.
Maggie Haberman
May 9, 2023, 3:45 p.m. ETMay 9, 2023
Maggie Haberman
Here is part of the Trump campaigns first response: In jurisdictions
wholly controlled by the Democratic Party our nations justice system is
now compromised by extremist left-wing politics. We have allowed false and
totally made-up claims from troubled individuals to interfere with our
elections, doing great damage.
The campaign added: This case will be appealed, and we will ultimately
win.
Daniel Victor
May 9, 2023, 3:43 p.m. ETMay 9, 2023
Daniel Victor
On Truth Social, Trump responded: I have absolutely no idea who this woman
is. This verdict is a disgrace a continuation of the greatest witch hunt
of all time!
Lola Fadulu
May 9, 2023, 3:41 p.m. ETMay 9, 2023
Lola Fadulu
Judge Lewis A. Kaplan said that for the jury to establish that Trump raped
Carroll, she had to prove that Trump engaged in sexual intercourse with
her, and that he did it without her consent. The judge said that sexual
intercourse includes any penetration of the penis into the vaginal
opening.
Kate Christobek
May 9, 2023, 3:36 p.m. ETMay 9, 2023
Kate Christobek
Carroll just walked out of the Manhattan Federal Courthouse smiling ear to
ear and holding hands with her attorney Roberta Kaplan.
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Kate Christobek
May 9, 2023, 3:36 p.m. ETMay 9, 2023
Kate Christobek
A woman yelled to her, Youre so brave and beautiful, to which Carroll
said, Thank you, thank you so much. She didnt answer any questions and
got in a car to leave.
Ben Weiser
May 9, 2023, 3:08 p.m. ETMay 9, 2023
Ben Weiser
The jury has found that Carroll did not prove Trump had raped her, but they
did determine that he had sexually abused her. The jurors also found that
Trump had defamed Carroll when he called her accusations false. They
awarded her $5 million damages.
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Credit...Sophie Park for The New York Times
Kate Christobek
May 9, 2023, 2:55 p.m. ETMay 9, 2023
Kate Christobek
A civil trial differs in key respects from a criminal case.
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The jurors deliberated for about three hours on Tuesday before reaching
their verdict.Credit...Brittainy Newman for The New York Times
The accusation at the heart of the trial that just ended in Manhattan
federal court sounds like a classic criminal case an alleged sexual
assault in the dressing room of a luxury department store.
But the jury of nine New Yorkers were not asked to decide if former
president Donald J. Trump was guilty of raping the writer E. Jean Carroll
as she testified he did in the mid 1990s. No criminal charges were ever
brought.
Instead, Ms. Carroll sued Mr. Trump for battery and defamation.
That means the jury was asked to determine Mr. Trumps liability
whether Mr. Trump is legally responsible for harming Ms. Carroll in ways
that meet New York States definition of battery.
The jurors began their deliberations just before noon on Tuesday. Their
verdicts must be unanimous.
To have Mr. Trump found liable for battery, Ms. Carroll must clear a lower
bar than the beyond a reasonable doubt standard of a criminal trial.
Instead, jurors must find that the preponderance of the evidence supports
Ms. Carrolls claim to have been raped, sexually abused or forcibly touched
by Mr. Trump, meaning the jury believes the accusation is more likely true
than untrue. The jury must also decide how much to award Ms. Carroll in
damages if they side with her.
The jury also examined Ms. Carrolls defamation claim, stemming from a 2022
post on Truth Social in which Mr. Trump called Ms. Carrolls case a
complete con job and a Hoax and a lie. The jurors have to decide if Mr.
Trump knew what he was saying was false but said it anyway to meet a
standard known as actual malice.
Should the jurors find Mr. Trump liable for defamation, they will also
assess what, if any, additional damages to award to Ms. Carroll.
Ms. Carroll has not requested a specific amount of damages she is seeking
for her battery claim. Last week, an expert witness called by Ms. Carroll
testified it would cost as much as $2.7 million to run a campaign that
would repair her reputation.
Ben Weiser
A verdict has been reached in the E. Jean Carroll v. Trump trial, according
to a court spokesman. It will be delivered at 3 p.m. today in the
courtroom. The jury began deliberating today shortly before noon.
May 9, 2023, 2:49 p.m. ETMay 9, 2023
During closing arguments on Monday in the civil trial over the writer E.
Jean Carrolls accusation that former President Donald J. Trump raped her,
one of her lawyers focused on the man who was missing from the courtroom.
Mr. Trump did not testify on his own behalf or even show up.
He just decided not to be here, the lawyer, Michael J. Ferrara, told the
jury on Monday. He never looked you in the eye and denied raping Ms.
Carroll.
He added, You should draw the conclusion that thats because he did it.
But Mr. Trumps lawyer, Joseph Tacopina, said that there was no reason for
his client to appear in court. The rape allegation, he said, was a complete
invention.
Amazing. Odd. Inconceivable. Unbelievable, Mr. Tacopina said. Everything
in this case is one of those things.
As closing arguments began Monday morning, Roberta A. Kaplan, Ms. Carrolls
lead lawyer, took the jury through the evidence, Ms. Carrolls testimony
and witnesses statements that she said supported it.
Ms. Kaplan said the defenses position that Ms. Carroll and her witnesses
were all lying was preposterous. Donald Trumps defense here is
essentially that there is a vast conspiracy against him, she said.
Over his closing that lasted more than two hours, Mr. Tacopina challenged
not only Ms. Carrolls testimony but also that of nearly every other
witness who took the stand in her case.
Donald Trump doesnt have a story to tell here, other than to say its a
lie, Mr. Tacopina said in his summation. He questioned who might even be
appropriate to call to the witness stand, asking, How do you prove a
negative?