OPINION: If this trial were a boxing match, E. Jean Carroll won by a knockout in the first round.
The jury found Donald Trump liable for the sexual assault of E. Jean Carroll, but not for rape.
The difference between sexual assault and rape under New York law is that sexual assault required the jury to find that Donald Trump forcibly touched E. Jean Carroll’s genitals without consent. Rape required proof that Donald Trump’s penis penetrated E. Jean Carroll’s vagina. It appears that the jury concluded that Carroll’s vivid testimony that Trump’s fingers “rummaged” inside of her vagina was accurate. It also appears that the jury rejected her testimony that Trump followed by penetrating her vagina with his penis.
In this small regard, the closing argument of Trump’s attorney Joe Tacopina was effective. He argued that it was physically impossible for Trump to have pinned Carroll against the wall with his shoulder, had one hand inside of Carroll, and simultaneously unzip his pants to expose his penis. If anyone ever asks me for the definition of a “pyrrhic victory,” I will use the example of Trump’s pyrrhic victory on the charge of rape in this case.Trump’s attorneys will likely move Judge Kaplan to overturn the verdict as being unsupportable as a matter of law, under
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