Trump Rape Trial Begins Tuesday—Here’s What To Know

Topline

Writer E. Jean Carroll will face off against former President Donald Trump in a civil trial accusing him of sexual assault starting Tuesday, almost four years after Carroll first claimed Trump raped her in the 1990s–the latest in a series of legal battles for the former president.

E. Jean Carroll is known for writing a column in Elle magazine for more than 25 years.

The Washington Post via Getty Images

Key Facts

Carroll first made her allegations in June 2019, when she published an excerpt from her new book in New York Magazine, in which she described the alleged assault: the two allegedly had a chance run-in at the Bergdorf Goodman department store in Manhattan, where they shopped together before he pushed her into a dressing room and raped her, Carroll claims.

Her first lawsuit, filed in November 2019, alleged defamation after Trump denied the rape and said he never met Carroll following the publication New York Magazine article.

After Trump continued to deny her allegations, Carroll filed a second lawsuit in November 2022, in which she doubled down on her defamation claims from the first suit, and also added battery allegations from the incident itself, which she says occurred in either late 1995 or early 1996.

Carroll was able to file that claim of assault because the Adult Survivors Act was passed in May 2022, which allows adult sexual assault victims to file suits against alleged abusers no matter how long ago the conduct occurred.

Tuesday’s trial will focus solely on the second of the two lawsuits and Carroll is asking for an unspecified monetary compensation from Trump.

The 2019 lawsuit is facing a series of delays because it was filed while then-president Trump was serving as a government employee, and the government is generally protected from defamation claims, a point that would most likely mean Carroll’s case would fail.

A trial for the initial 2019 lawsuit was indefinitely postponed in March, and a request to consolidate the two lawsuits into a single trial was denied, with Judge Lewis Kaplan arguing the two suits could have inconsistent filings and a ruling on the 2019 lawsuit could “prove unnecessary” after the ruling on the 2022 suit.

Joe Tacopina, whom Trump brought on as his lawyer in January, has said in a letter the “alleged sexual assault never occurred” and attempted to delay the trial, citing “the recent deluge of prejudicial media coverage” from Trump’s indictment in Manhattan last month.

Key Background

Carroll, who wrote an advice column for Elle magazine and hosted a talk show, moved in similar circles as Trump, who was running his family real estate empire at the time of the alleged assault. Carroll is one of roughly two dozen women who have publicly accused the former president of sexual assault, including harrassment, groping and rape—all of which Trump, who is in his third presidential run, has denied. Some of the women have sued Trump, including Jill Harth, who sued him for “attempted rape” in 1997 after he allegedly put his hand up her skirt, and Summer Zervos, who sued Trump for defamation in 2017 after he accused her of lying about claims that he groped her. Harth forfeited the sexual harassment claim as part of a settlement in a former suit, and Zervos dropped her charges in 2021 without giving a reason.

Tangent

The trial also comes on the heels of Trump’s indictment for 34 felonies related to a hush money payout to cover up an alleged affair—which Trump has denied—with porn star Stormy Daniels, to which he pleaded not guilty. Meanwhile, federal and local officials in Washington, D.C. and Georgia are investigating him over issues related to potential efforts to block Joe Biden’s presidential victory in 2020, and New York Attorney General Letitia James sued Trump and three of his children for alleged fraud.

What We Don’t Know

While Carroll has made it clear she plans to testify at the trial, it remains unknown whether Trump will appear in court or take the witness stand. Tacopina told the judge Trump will not appear in court “unless and until he is called” to testify. Carroll’s lawyers have said they do not intend to call him as a witness. It’s also unclear whether Trump, who has said “I don’t settle cases,” although he previously has, will settle with Carroll.

What To Watch For

Jurors at the trial, who will remain anonymous, will hear from Carroll, as well as Natasha Stoynoff and Jessica Leeds, both of whom have accused Trump of sexual assault. Other testifiers include two of Carroll’s friends whom she spoke to soon after the alleged rape. Although Trump’s legal team has asked to bar from the trial the 2005 Access Hollywood recording in which Trump says “when you’re a star…you can do anything, grab ‘em by the pussy,” Judge Kaplan ruled to allow it to be played. Carroll will most likely face questioning regarding her memory, as she has not been able to recall some details, like whether the events occurred in late 1995 or early 1996. Carroll estimates the trial may last five to seven days, while Trump is estimating 10 to 12 days, according to a Thursday court filing.

Surprising Fact

Carroll, who had been writing the advice column “Ask E. Jean” for Elle magazine since 1993, was fired from Elle in December 2019, according to reports. The letter from editor Erin Hobday notifying Carroll her contract had been terminated was dated Dec. 11, 2019, shortly after her first suit was filed.