Sexual Harassment Flashcards
Did Donald Trump rape E. Jean Carroll? Here’s what a jury and judge said - USA Today, 2024
E. Jean Carroll accused Donald Trump of sexual assault, and a civil jury in May found Trump liable for sexually abusing her but not for rape, as defined under New York law (vaginal penetration by a penis). Carroll testified Trump forcibly kissed her, pulled down her tights, and digitally penetrated her, which Judge Lewis Kaplan noted meets the common understanding of rape. Carroll was awarded $5 million for sexual abuse and defamation in 2022 and $83.3 million in a separate 2019 defamation case. Trump’s appeal claims the distinction between sexual abuse and rape undermines Carroll’s statements, but Kaplan ruled her allegations are “substantially true,” consistent with the jury’s findings.
The jury’s finding that Donald Trump sexually abused E. Jean Carroll was based on her testimony, corroborating evidence, and supporting witnesses:
Carroll’s Testimony: Carroll testified in detail about the assault, describing how Trump forcibly kissed her, yanked down her tights, and digitally penetrated her, which she described as extremely painful and traumatic.
Supporting Witnesses: Two women testified about their own alleged assaults by Trump. One recounted Trump groping her on a plane, while the other described a forcible kiss against a wall. These accounts were presented to establish a pattern of behavior.
Psychological Testimony: A psychologist testified about Carroll’s emotional response to recalling the digital penetration, describing her physical discomfort and trauma while recounting the event.
Trump’s Statements: The jury watched the infamous “Access Hollywood” tape, in which Trump bragged about groping women and suggested that celebrities could “do anything,” including grabbing women without consent. This was used as circumstantial evidence of his attitude toward boundaries and consent.
Judge Kaplan’s Analysis: The judge explained that for the jury to find sexual abuse, they needed to conclude Trump touched Carroll’s intimate parts non-consensually. Given Carroll’s testimony and the evidence presented, Kaplan noted it was likely the jury believed Trump digitally penetrated her.
Damages Award: The jury awarded over $2 million for sexual abuse, an amount Judge Kaplan pointed to as consistent with a finding of significant harm, supporting Carroll’s account of forcible digital penetration.
The jury did not find that Trump raped Carroll under New York’s legal definition, as they were not convinced beyond the civil standard of proof that penile penetration occurred. However, they found sufficient evidence to conclude he committed sexual abuse through digital penetration.
The two supporting witnesses who testified in E. Jean Carroll’s civil trial against Donald Trump were Jessica Leeds and Natasha Stoynoff. Both women described separate incidents where Trump allegedly assaulted them, providing evidence of a pattern of behavior similar to Carroll’s allegations.
Jessica Leeds
Incident: Leeds testified that Trump groped her during a flight in the 1970s. She alleged that he grabbed her breasts and attempted to put his hand up her skirt.
Description: Leeds described Trump’s hands as seemingly everywhere, using the phrase “40 zillion hands” to convey the extent of his groping.
Context: She said the assault happened in the first-class cabin of an airplane, and she had never met Trump before the flight.
Natasha Stoynoff
Incident: Stoynoff, a journalist, testified about an incident in 2005 when she visited Trump’s Mar-a-Lago estate to interview him and Melania Trump for People magazine.
Description: Stoynoff alleged that Trump pushed her against a wall, forcibly kissed her, and pinned her in place. She described feeling shocked and immobilized during the incident.
Context: The assault allegedly occurred when Trump took her aside during a break in the interview, away from others.
Both women’s accounts were introduced to support Carroll’s claim by demonstrating a pattern of Trump engaging in non-consensual sexual behavior. Their testimony, combined with the infamous “Access Hollywood” tape, helped reinforce the plausibility of Carroll’s allegations.
Is Trump a Rapist? - Chat GPT
Former President Donald Trump has faced multiple allegations of sexual misconduct, including rape, from at least 25 women since the 1970s.  One of the most prominent cases involves writer E. Jean Carroll, who accused Trump of sexually assaulting her in a department store in the mid-1990s. In May 2023, a New York jury found Trump liable for sexual abuse and defamation against Carroll, awarding her $5 million in damages. While the jury did not find him liable for rape as defined by New York law at the time—which specified rape as non-consensual vaginal intercourse involving a penis—they concluded that Trump forcibly penetrated Carroll with his fingers. Judge Lewis Kaplan later clarified that this finding effectively amounted to rape in “common parlance, its dictionary meanings, in general usage, and in other contexts.” 
In January 2024, a jury awarded Carroll an additional $83.3 million in damages in a separate defamation case against Trump. As of December 2024, the appeals court upheld the initial $5 million verdict. 
Despite these civil judgments, Trump has consistently denied all allegations of sexual misconduct. It’s important to note that the legal definitions and findings in civil cases can differ from those in criminal cases. In the context of these civil proceedings, while Trump has been found liable for sexual abuse and defamation, the term “rapist” has been used in various interpretations. For instance, during a “Morning Joe” segment, co-host Mika Brzezinski corrected a guest who referred to Trump as a “rapist,” clarifying that he had been found liable for sexual abuse, not rape, in the civil trial. 
Therefore, while Trump has been found liable for acts that, in common usage, may be considered rape, the specific legal findings pertain to sexual abuse and defamation.
E. Jean Carroll, a writer and journalist, accused Donald Trump of sexually assaulting her in a Bergdorf Goodman department store in Manhattan in the mid-1990s. According to Carroll’s account, which she first shared publicly in a 2019 memoir:
1. Incident in the Dressing Room: Carroll alleged that Trump approached her in the store, struck up a conversation, and asked her to help him pick out a gift for a woman. She agreed, and they eventually ended up in a dressing room.
2. Assault: Once in the dressing room, Carroll claimed that Trump pinned her against a wall, forcibly kissed her, and penetrated her with his fingers. She said she resisted and eventually managed to flee the room.
3. Aftermath: Carroll did not go public with her story for decades, citing fear of retaliation and skepticism about whether people would believe her. She later revealed the incident in her memoir, What Do We Need Men For? A Modest Proposal.
Legal Case
• In 2023, a jury in a civil trial found Trump liable for sexual abuse and defamation in connection to Carroll’s allegations. The jury awarded her $5 million in damages.
• The jury concluded that Trump had forcibly groped and penetrated Carroll with his fingers but did not find sufficient evidence to meet the legal definition of “rape” under New York law at the time (which specifically required non-consensual penile penetration).
• Carroll also pursued a separate defamation case against Trump, stemming from his repeated denials of the assault and statements calling her a liar. Additional damages were later awarded in connection to this case.
Trump has consistently denied Carroll’s allegations, claiming he never met her (despite a photograph showing them together) and referring to her accusations as politically motivated.
Some skepticism about E. Jean Carroll’s allegations stems from statements she made during media appearances, which critics have used to question her credibility. Here’s some context:
1. “Rape is Sexy” Comment: In a 2019 interview with CNN’s Anderson Cooper, Carroll made a controversial statement while discussing her book and allegations against Trump. She said, “I think most people think of rape as being sexy. They think of the fantasies.” This remark was part of a broader discussion about the cultural portrayal of rape and how it’s often sensationalized or misrepresented.
• However, the comment was taken out of context by some, and it sparked significant backlash. Many argued it distracted from her claims, while others felt it revealed how she personally conceptualized or coped with trauma.
2. Praise for “The Apprentice”: Carroll had previously expressed admiration for Trump’s television show, The Apprentice. Critics have pointed to her past comments about Trump and his show as evidence of inconsistency or insincerity in her allegations.
• Supporters counter that liking Trump’s show does not preclude someone from experiencing assault or later speaking out against it.
Reactions and Context
• Carroll’s statements, particularly the “rape is sexy” comment, were used by Trump and his legal team to discredit her during public discussions and the court proceedings.
• Trauma experts and advocates often note that survivors of sexual violence may express their experiences or emotions in ways that seem unusual or uncomfortable to outsiders, and such comments should not invalidate their claims.
While some people focus on these statements to dismiss her allegations, others view them as reflective of her coping mechanisms or as irrelevant to the substance of her legal case, where the jury ultimately found Trump liable for sexual abuse.
E. Jean Carroll waited over two decades to sue Donald Trump for the alleged sexual assault that occurred in the mid-1990s. Several factors contributed to this delay:
1. Statute of Limitations: At the time of the incident, New York’s statute of limitations for filing civil lawsuits related to sexual assault was relatively short, often just a few years. This legal time constraint prevented many survivors from pursuing civil action long after the event.
2. Adult Survivors Act: In 2022, New York enacted the Adult Survivors Act, which provided a one-year window for survivors of sexual offenses to file civil lawsuits regardless of when the assault occurred. This legislation allowed Carroll to initiate legal proceedings against Trump in November 2022.
3. Public Disclosure: Carroll publicly disclosed the alleged assault in a 2019 memoir. Following her revelation, Trump made statements denying the incident and disparaging Carroll, which led her to file a defamation lawsuit against him in 2019. However, the opportunity to sue for the assault itself only became available with the passage of the Adult Survivors Act.
These factors collectively explain why Carroll waited until 2022 to sue Trump for the alleged assault that took place in the 1990s.
