By Aaron Miller-
Donald Trump has sued E Jean Carroll for defamation, alleging she falsely accused him of rape after a jury in a civil trial found that he sexually abused her.
The former U.S president has been caught up in a web of legal battles for some time, with the hiring of lawyers for both prosecution and defence becoming part of his lifestyle.
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He was originally embroiled in law suits with porn actress, Stormy Daniels over defamation, now the goal posts have changed to Jean Carroll. Multiple other law suits surrounding his illegal retention of classified documents and his incitement of an insurrection in Capitol Hill on January 6 are still pending.
His legal suit against Carroll in Manhattan federal court on Tuesday cited Carroll’s statements on CNN after the verdict, and comes after a jury’s finding in May that he sexually abused and defamed Carroll, but the jury did not find that he raped her.
Trump is seeking a retraction as well as unspecified compensatory and punitive damages.
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Carroll, a former Elle magazine advice columnist, amended the first of her two lawsuits against Trump and sought an additional $10m in damages in May, citing his denials during a CNN appearance the day after the verdict.
Trump, who is a frontrunner among aspirants in the Democratic Party to claim the White House for the second time in 2024, has strenuously denied raping Carroll, as do practically all who are accused of rape.
He is appealing against the civil verdict, which found he must pay $5m in damages.
In a civil trial in the second lawsuit last month, a jury awarded Carroll $5m in damages.
Adding to his long queue of legal battles for the controversial former president, Rudy Giuliani has confirmed that he recently spoke to federal investigators as part of their probe into efforts to overturn the 2020 election results.
Mr Giuliani, the former New York City mayor, was part of Mr Trump’s legal team who made false claims of election fraud.
There were unfavourable developments for Trump in his Manhattan criminal case.
On Tuesday, a judge slapped down his request to move the case – where he is charged with 34 counts over hush money payments before the 2016 election – to federal court.
Carroll testified that Trump raped her in a New York City department store in the mid-1990’s and then ruined her reputation by calling her a liar when she went public in 2019.
This legal strategy raises complex questions surrounding the balance between the rights of the accused and the rights of survivors, as well as the potential consequences for both parties involved.
The Legal Standard for Defamation
Defamation occurs when false statements are made that harm a person’s reputation. To succeed in a defamation lawsuit, the accused must prove that the statements made by the accuser are false and that they have suffered harm as a result.
This burden of proof can be challenging to meet, as the accused must demonstrate that the accuser knowingly made false statements or acted with reckless disregard for the truth. The legal standard for defamation aims to balance the protection of reputation with the importance of free speech.
Suing an accuser of rape for defamation can have a chilling effect on survivors of sexual assault who may already be hesitant to come forward due to fear of retaliation, disbelief, or further trauma.
The threat of a defamation lawsuit may discourage survivors from sharing their experiences, perpetuating a culture of silence and hindering efforts to address and prevent sexual violence. It is essential to consider the potential impact on survivors’ willingness to come forward and the broader societal implications of discouraging their voices.
It can also contribute to secondary victimization, which refers to the re-traumatization and harm experienced by survivors in the aftermath of reporting sexual assault.
Legal battles can be emotionally and psychologically draining for both parties involved, potentially exacerbating the trauma experienced by the survivor. It is crucial to approach these situations with sensitivity and an understanding of the potential consequences for all parties involved.
The new filings come in Carroll’s first lawsuit against Trump, which she filed in 2019 for defamation only. The case has been bogged down in appeals over whether Trump was immune from being sued because he had been president when he spoke.
Carroll filed her second lawsuit against Trump for both defamation and sexual assault after New York passed a law giving survivors of sexual violence a window to file civil suits even if the statute of limitations on their claims had passed.
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