NEW YORK — On Monday, a federal appeals court upheld a jury’s conclusion in a civil case, determining that Donald Trump sexually abused columnist E. Jean Carroll in a department store dressing room during the mid-1990s.
The 2nd U.S. Circuit Court of Appeals confirmed the Manhattan jury’s decision to award Carroll $5 million in damages for defamation and sexual abuse.
During a trial in 2023, Carroll, a longtime magazine writer, recounted how a seemingly friendly encounter with Trump in the spring of 1996 escalated into a violent assault when they entered the dressing area together.
Trump did not attend the trial, consistently denying that the incident occurred. However, he did provide brief testimony in a subsequent defamation trial earlier this year, which resulted in an $83.3 million verdict against him. This second trial was prompted by remarks Trump made in 2019 after Carroll publicly accused him in her memoir.
In its decision, a three-judge panel from the appeals court dismissed arguments from Trump’s legal team that trial Judge Lewis A. Kaplan had made several rulings that compromised the fairness of the trial. These included allowing testimony from two other women who claimed Trump had sexually abused them.
The judge also permitted the jury to view the infamous “Access Hollywood” tape, in which Trump bragged about being able to grab women without consent because of his celebrity status.
The 2nd Circuit stated, “We conclude that Mr. Trump has not shown that the district court made any erroneous decisions regarding the claims raised. Moreover, he has failed to demonstrate that any alleged errors significantly affected his rights, which would justify a new trial.”
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In September, both Carroll, 81, and Trump, 78, were present for the oral arguments at the 2nd Circuit.
A spokesperson for Trump, Steven Cheung, issued a statement asserting that Trump was elected with a strong mandate from voters, who now seek an end to what he described as the political manipulation of the justice system, referring to the case as a “Democrat-funded Carroll Hoax” that will continue to be appealed.
Roberta Kaplan, Carroll’s attorney, expressed satisfaction with the decision, stating, “Both E. Jean Carroll and I are pleased with today’s ruling. We appreciate the Second Circuit’s thorough evaluation of the arguments presented.”
In May 2023, the initial jury concluded that Trump sexually abused Carroll and defamed her through comments he made in October 2022, leading to a $5 million award for her.
In January, a second jury awarded Carroll an additional $83.3 million in damages for Trump’s comments while he was in office, which were deemed defamatory. This jury was instructed to accept the previous jury’s finding that Trump had sexually abused Carroll. The appeal of that verdict is still pending.
Throughout both trials, Carroll testified that Trump’s public statements had profoundly impacted her life as a columnist for Elle magazine, leading to threats against her and a fear of leaving her home in upstate New York.
During the second trial, Trump testified for less than three minutes and was not allowed to dispute the findings of the May 2023 jury. Nevertheless, he remained visibly engaged in the courtroom throughout the two-week trial, often heard muttering about the proceedings.
During the September appeal arguments, Trump’s attorney D. John Sauer contended that witness testimonies, which included accounts of Carroll discussing the incident with others immediately after it happened, were inappropriate due to perceived biases against Trump.
Sauer also argued that the testimony from two women alleging similar sexual misconduct by Trump in the 1970s and 2005 should have been excluded, as Trump has denied those allegations as well.
The 2nd Circuit noted, “In each of the three incidents, Mr. Trump initiated an ordinary conversation with a woman he barely knew, only to abruptly escalate to unwanted kissing and touching in semi-public settings. These actions are sufficiently similar to establish a pattern.”
Furthermore, the court stated that the “Access Hollywood” tape served as direct corroboration for the women’s testimony about the pattern of behavior they experienced.
The Associated Press typically does not disclose the identities of individuals who allege sexual assault unless they have come forward publicly, as E. Jean Carroll has done.
