The Donald Trump vs E. Jean Carroll trial is not a criminal trial – but the stakes are extraordinarily high
With the last of Donald Trump’s appeals and delay tactics having apparently failed, the long awaited court trial between Trump and E. Jean Carroll is set to begin early next week. This trial will be extremely important, and groundbreaking on a number of levels.
As we head into it, it’s also important to keep in mind that this is not a criminal trial, it’s a civil trial. In fact, while this is all a result of Trump’s alleged rape of E. Jean Carroll, at its core this is actually a defamation case. She publicly accused him of rape. He publicly accused her of lying. They’re each going into this civil trial to argue that they were harmed by the other’s claims.
After this civil case was already in motion, New York revised its laws to allow rape victims to pursue civil damages against their rapists even long after the criminal statute of limitations has expired. Accordingly, Carroll has expanded her civil case to include the claim that Trump owes her damages for having raped her. Actually, under civil law, it’s technically considered battery. So if you’re wondering why you’re hearing the word “battery” instead of “rape” in this trial, that’s how this civil statute is written.
It’s important to understand that this is the only legal remedy Carroll has available to her. The criminal statute of limitations has long expired, meaning that prosecutors cannot criminally charge Trump with rape. But Carroll wants (and deserves) justice, and this is her only way of seeking it.
While Carroll is likely to win a significant amount of Trump’s money if she wins this trial, she does not appear to be in it for the money – and there’s no reason to believe that she’s willing to settle for mere money. In fact she appears to be primarily seeking Trump’s DNA, in the hope of having an independent laboratory compare it to the dress she kept. It could provide proof that Trump is guilty of rape. Even with the statute of limitations having passed, proving Trump guilty of rape for all the world to see would still be a significant blow to him, and significant vindication for her.
All that said, it’s crucial to keep in mind that even though this is a court trial about an alleged rape, it’s still going to play out as a civil trial. The jury doesn’t find Trump “guilty” or “not guilty.” Nothing has to be proven beyond a reasonable doubt. The legal standard is that the jury simply has to decide that it’s more likely than not that Trump raped and/or defamed Carroll. Even if the jury rules in favor of Carroll, Trump would not legally be considered guilty of rape; he would be considered responsible for damages for having likely raped Carroll. The judge and jury could then award Carroll monetary damages, Trump’s DNA, or other restitution.
If you’re trying to make any of this legal absurdity make sense, the most obvious reference might be OJ Simpson. In his criminal trial he was found not guilty of murder, because the jury wasn’t 100% convinced he did it. But in the subsequent civil trial brought on behalf of his victims’ kids, that jury found that it was likely that he committed the murder, and awarded monetary damages to the kids. The difference here is that no attempt was made to hold Trump criminally liable for rape to begin with. But the parallel is there in terms of how a civil trial can be used to hold someone financially liable for an alleged crime.
So as we head into this Donald Trump vs E. Jean Carroll trial, let’s remember that this is going to play out within the rules of a civil trial. In some ways the rules of admissible evidence are the same, and some are different. And while no one can ever be forced to take the stand against themselves in a criminal trial, Trump can potentially be forced to take the stand in this civil trial. He’d have a difficult time pleading the fifth, because the statute of limitations has expired. And if he did plead the fifth, the jury could use his refusal to defend himself as grounds for ruling in Carroll’s favor.
In other words, this is going to be a lot to take in and try to keep up with. It’ll be groundbreaking because E. Jean Carroll is arguably the highest profile victim to put this new law in New York to use in this way. And it’ll likely be a circus simply because Donald Trump is involved. And much of it will be legally confusing because it’s a civil trial surrounding an alleged crime, but the trial doesn’t involve any criminal charges. And while this trial cannot result in Trump being sent to prison, the outcome of the trial could still be a bodyblow to him. And regardless of how this civil trial plays out, he has a least one (likely three) criminal trials coming up thereafter. Trump’s legal troubles are just getting started – and it’s E. Jean Carroll’s turn at bat.
