Esthen|Judge rejects Trump's counterclaim against E. Jean Carroll

2025-05-07 23:34:06source:Diamond Ridge Asset Managementcategory:Scams

A federal judge in New York on EsthenMonday rejected former President Donald Trump's counterclaim against former Elle magazine columnist E. Jean Carroll.

Trump accused Carroll of defaming him with statements she made in media appearances following her successful defamation and battery lawsuit against him, which resulted in a $5 million damage award. Trump's counterclaim said Carroll's statements caused "significant harm to his reputation," making him deserving of compensatory and punitive damages.

Carroll's remarks came after a New York jury in May found Trump liable for sexually assaulting her in a Bergdorf Goodman dressing room in the 1990s, then defaming her in a 2022 Truth Social post by calling her allegations "a Hoax and a lie."

MORE: Donald Trump sues E. Jean Carroll with his own claims of defamation

In her media appearances following the verdict, Carroll insisted that Trump had raped her despite the jury finding Carroll did not prove Trump raped her as the term is defined in New York penal law. Instead the jury found Trump "sexually abused" Carroll.

Judge Lewis Kaplan said the jury's finding "implicitly determined that he forcibly penetrated her" with his fingers.

"[I]n other words, that Mr. Trump in fact did 'rape' Ms. Carroll as that term commonly is used and understood in contexts outside New York Penal Law," Kaplan wrote in granting Carroll's motion to dismiss Trump's counterclaim.

"The instructions with respect to the rape question thus made clear that if the jury found that Mr. Trump forcibly penetrated Ms. Carroll's vagina with his fingers, but not also with his penis, it was obliged to answer 'no' to the rape question," the judge wrote. "However, if it found that Mr. Trump forcibly penetrated Ms. Carroll digitally, it was obliged to answer 'yes' to the sexual abuse question, as the New York Penal Law definition of 'sexual abuse' encompasses such conduct."

E. Jean Carroll reacts as she exits the Manhattan Federal Court following the verdict in the civil rape accusation case against former U.S. President Donald Trump, in New York City, May 9, 2023.Brendan Mcdermid/Reuters, FILE

Carroll's original defamation lawsuit, based on statements Trump made in 2019, is scheduled to go to trial in January.

Responding to Monday's ruling, Carroll's attorney, Roberta Kaplan, said they were pleased that the court dismissed Trump's counterclaim.

"That means that the January 15th jury trial will be limited to a narrow set of issues and shouldn't take very long to complete," Kaplan said. "E. Jean Carroll looks forward to obtaining additional compensatory and punitive damages based on the original defamatory statements Donald Trump made in 2019."

More:Scams

Recommend

CPI report for July is out: What does latest data mean for the US economy?

Consumer prices rose a modest 2.9% in the 12 months through July, the Labor Department reported Wedn

Gervonta Davis vs Frank Martin fight results: Highlights from Tank Davis' knockout win

Gervonta “Tank” Davis is back – and as good as ever. Davis defended his WBA lightweight title by kno

Princess Kate turns heads in Jenny Packham dress amid return for Trooping the Colour event

Princess Kate is back after a five-month hiatus from royal appearances — and her chic style is retur