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Jury Finds Trump Liable for Sex Abuse and Defamation
Jury Finds Trump Liable for Sex Abuse and Defamation

May 9, 2023, New York:  A federal jury of six men and three women found former President Donald Trump liable for sexually battery and defaming E. Jean Carroll.  The jury awarded Carroll $5 million.

Ms. Carroll, an American journalist, made headlines in 2019 when she published her memoir, “What Do We Need Men For? A Modest Proposal.”  In the book, Carroll claimed that she encountered Trump at a Manhattan store in the mid-1990s, where he forced her into a dressing room and raped her.

Initially, Carroll did not bring any claim against Trump for the alleged assault and her statute of limitations to do so then passed.  However, when President Trump responded the allegations in her book by calling her a liar, Carroll sued him, claiming Trump defamed her and damaged her reputation.

In May 2022, while her suit was pending, New York passed the “Adult Survivors Act.”  The Act created a one-year window that empowered survivors of sexual offenses to bring a civil suit against their abuser, even if the statute of limitations had long passed.  Ms. Carroll, whose statute of limitations had closed on her in the 1990s, utilized the new law to file suit against Trump for the alleged rape.

On May 9, 2023, the New York jury delivered a verdict in Carroll’s favor.  While the jury did not find that she had provide Trump raped her, they did find she presented enough evidence that Trump had more than likely sexually abused her.  The jury also found that Carroll successfully established that Trump had defamed her.

  The jury awarded approximately $2 million in damages for her civil battery claim and nearly $3 million for defamation claim.  Trump did not appear or testify in the case and continued to deny the allegations even after the verdict.

This case highlights the tension we often see between victims of sexual abuse and their state’s statute of limitations for coming forward and asserting a claim.

  With many victims, it takes time to come forward, particularly when they are not only dealing with the trauma of the assault, but also the trauma associated with coming forwarded.   Thankfully, some states, like New York, are recognizing that their legal systems are failing survivors, preventing them from accessing justice all while shielding abusers.  Unfortunately, states like Michigan and Ohio continue to enforce strict laws against victims, forcing them to come forward shortly after their assault or risk having their claims forever barred.

Even where a statute of limitations on an alleged sexual assault has passed, survivors may be able to turn to libel law, as did Ms. Carroll, if the alleged abuser claims the victim is a liar or fabricating the abuse claims.  While these cases are challenging and require experienced legal counsel, Ms. Carroll’s case is now a high-profile example of a successful defamation suit.  Her success may open the door for others.

If you have been sexually assaulted or abused and have questions about your legal rights, contact our firm.  We are here to help and offer free, confidential consultations.

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