A federal judge tossed out former President Donald Trump’s countersuit against the writer who won a sex abuse lawsuit against him. The ruling shuts down, at least for now, Trump’s effort to turn the legal tables on E. Jean Carroll.
Carroll accused Trump of trapping her in a luxury department store dressing room in 1996, forcibly kissing her, yanking down her tights and raping her as she tried to fight him off.
In this spring’s trial, a civil court jury concluded that Trump sexually abused Carroll but rejected her claim that he raped her. Legally, the difference depended on specifics of how, in the jury’s view, he penetrated her against her will. Jurors in the case were told that under the applicable New York law, rape requires forcible penetration by a penis, whereas sexual abuse would cover forcible penetration by a finger. Carroll alleged that both happened.So did the judge.
“Indeed, both acts constitute ‘rape’” as the term is used in everyday language, in some laws and in other contexts, added Kaplan, who isn’t related to Carroll’s lawyer.
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