E. Jean Carroll prevailed in the trial, but the verdict had one notable inconsistency.
Donald Trump has been found liable for sexual abuse and defamation of writer E. Jean Carroll, but the jury did not determine that the former president had raped her. That verdict has some legal experts confused, given the evidence required to prove both allegations go hand in hand.a verdict form
that listed 10 yes and no questions, including whether Carroll proved, with a preponderance of evidence, that Trump had raped her in a department store dressing room over 20 years ago . The question after that one asked whether the evidence proved that Trump had sexually abused Carroll. Under, sexual abuse is considered any sexual contact of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party.
We asked Yung why he feels that way and what could have driven the jury in this case to arrive at its verdict.Shirin Ali: What’s the difference in proving a sexual abuse allegation versus rape?Well, the difference, as the jury was instructed between rape and sexual abuse, is that for it to be rape, there had to have been vaginal penetration by Trump’s penis. It’s very specific in terms of the penetration required.
was problematic to say the least, and confusing and contradictory, but perhaps that’s what they focused on.The other possibility, and I think this might be the truer case, is that the word rape carries extra connotations in our culture, and the jurors might have been gun shy about applying it regardless of the specific standard there. We could even see this in the case: Carroll testified and her friends testified that when the event happened, she didn’t want to use the word rape.
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