Testifying in April 2023, Carroll told jurors: “I’m here because Donald Trump raped me, and when I wrote about it, he said it didn’t happen. He lied and shattered my reputation, and I’m here to try and get my life back.”
After she’d agreed to help Trump shop for a gift for a woman, Carroll testified that he pushed her against a dressing room wall, stamped his mouth onto hers, yanked down her tights and shoved his hand and then his penis inside her while she struggled against him.
She said she finally kneed him off her and fled.
In upholding the $5 million judgment in the first trial, U.S. District Judge Lewis Kaplan wrote that the unanimous verdict was almost entirely in favor of Carroll, except that the jury concluded she had failed to prove that Trump raped her “within the narrow, technical meaning of a particular section of the New York Penal Law.”
Kaplan, who presided over both of Carroll’s lawsuits against Trump, said the definition of rape in the state code was “far narrower” than how rape is defined in common modern parlance, in some dictionaries, in some federal and state criminal statutes and elsewhere.
Under New York law, a rape finding requires vaginal penetration by a penis. Forcible penetration without consent of the vagina or other bodily orifices by fingers or anything else is labeled “sexual abuse.”
The judge said the verdict did not mean that Carroll “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’ Indeed … the jury found that Mr. Trump in fact did exactly that.”