It’s no surprise that newspapers almost uniformly refer to this in their headlines as a rape case. And while it’s true that Carroll alleges that Trump raped her, that’s not the charge. The actual charges are battery and defamation. There’s almost no evidence other than “she said he said” – and date, time, and even the year in which the act is supposed to have occurred are not pinpointed.
Take a look [my emphasis]:
[Judge] Kaplan instructed the nine jurors at the trial’s start that the central claim pertains to “battery.”
He said that in a civil case, battery can result from even the slightest unlawful touching of another person.
“The law does not draw a line between different degrees of violence. It totally prohibits all unconsented-to touching from the least to the most violent that a reasonable person would find offensive. In other words, anything from a gentle but unwanted peck on the cheek to stabbing somebody with a knife could be battery for purposes of a civil case like this one,” Kaplan said.
By that standard, most politicians might be at risk of such suits, and certainly Joe Biden would be guilty of said unwanted touchings. Does lumping all those things together legally really seem like a good idea?
More:
The jurors will be asked to decide whether Carroll has proven that Trump committed battery. If they decide that Trump committed battery, they are expected to be asked to what degree. After that, Carroll’s attorney has proposed that jurors be asked separately whether Carroll has proven that Trump engaged in forcible touching, sexual abuse and rape. The judge has yet to make a decision on that proposal.
The trial also involves a claim by Carroll that Trump made defamatory comments while denying her allegations.
For defamation, jurors will be asked if Carroll had proven that Trump’s statement was defamatory and whether clear and convincing evidence had proven that Trump made the statement maliciously.
He said she was lying and also that she wasn’t his type. Should either of those things be classified as defamation, when the first is a person’s attempt to defend himself or herself, and the second is merely a personal opinion? I don’t think in either case it ever should be considered defamation, and I don’t care who is being sued, Trump or Biden or Joe Shmo. If a person is accused of something, that person’s protestations that the accuser is lying – that person’s defense of himself or herself – should be protected speech. And opinions about whether one is attracted to another person also cannot be defamatory, in my opinion. But of course, I don’t make the law.
Also:
Earlier on Monday, Carroll’s lawyer Roberta Kaplan said a 2005 “Access Hollywood” video in which Trump says women let him “grab ’em by the pussy” bolstered the accounts of Carroll and other women who accuse Trump of sexual assault.
“He admitted on video to doing exactly the kinds of things that have brought us here to this courtroom,” Kaplan said in her closing argument.
Now, maybe the following has changed since I was in law school – quite a few things have. But back then, it was considered a hallmark of our legal system that a court case should only involve the facts of that case. After the verdict, in the sentencing phase, other things could be allowed into the record. But I don’t believe that a statement made by the defendant that was not about the plaintiff – and Trump’s “grab them” statements were not about Carroll, nor are they alleged to be – would have been allowed into evidence back then (I could be wrong; I’m doing this from memory). What’s more, the “grab them” tape was made in 2005, approximately ten years after the battery against Carroll is alleged to have occurred.
In addition, Carroll’s suit against Trump was only allowed all these years after the statute of limitations on such suits had expired, because New York passed a special law, conveniently allowing such things for a year:
The trial [which began] Tuesday stems from a second lawsuit filed in November 2022, alleging defamation and battery under New York State’s new Adult Survivors Act. The legislation opened a one-year window in which people who say they were the survivors of sexual abuse as adults could sue even if the state’s statute of limitations would otherwise bar their claims.
I don’t think there’s any question that one of the motives for this law was to get Trump. But there’s a reason for statutes of limitation, and those reasons are apparent in the current trial. Memories fade, the allegations are not tied to a particular date, and how can Trump ever defend himself against something so vague in time, or find witnesses or schedules that could exonerate him? It’s a travesty, and I would say that no matter who the defendant in such a case might be. The only possibly justifiable exception might be if someone was a child when the alleged battery happened, and even then I come down more on the side of protecting the defendant from false claims – and false claims do occur, and not just against politicians.
Nevertheless, I believe this jury will find Trump guilty, although I don’t think the evidence justifies it. I would be quite flabbergasted if they didn’t find him guilty.