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.
