Donald Trump fails to overturn $126m sex assault defamation verdict

A US appeals court upheld an expensive verdict against Donald Trump for defaming writer E Jean Carroll.

Donald Trump, wearing a blue suit, speaks into a microphone in front of an American flag.

Donald Trump argued the verdict should be overturned because he deserved presidential immunity. Source: AAP / Pool/ABACA/PA

Key Points
  • A US court has rejected Trump's bid to overturn the $83m E Jean Carroll defamation damages award.
  • Judges cited "remarkably high" reprehensibility in Trump's repeated attacks on Carroll.
  • Verdict adds to Trump's growing legal troubles despite his claims of political bias.
A United States federal appeals court refused to throw out a multi-million dollar jury verdict against US President Donald Trump for damaging the reputation of writer E Jean Carroll in 2019 when he denied her rape claim.

The 2nd US Circuit Court of Appeals in Manhattan rejected Trump's argument that the January 2024 US$83.3 million ($126.3 million) verdict should be overturned because he deserved presidential immunity.

It also faulted Trump's persistence in attacking Carroll, with attacks against the former Elle magazine columnist becoming "more extreme and frequent" as the trial approached.

"The record in this case supports the district court's determination that the 'degree of reprehensibility' of Mr Trump's conduct was remarkably high, perhaps unprecedented," the unanimous three-judge panel said in its unsigned decision.

A different jury in May 2023 found Trump liable to Carroll for sexual abuse and defamation, but not rape, and awarded her US$5 million ($7.6 million). The appeals court upheld that verdict in June.
Both verdicts are among a slew of legal woes Trump faced after leaving the White House in 2021.

The Republican denied all wrongdoing, and on the campaign trail, portrayed his courtroom battles as part of a Democratic-led plot to undermine his ultimately successful 2024 campaign.

Trump is appealing other courtroom losses, including his May 2024 criminal conviction for falsifying records to cover up a sex scandal, and a fraud finding in New York attorney general Letitia James' civil lawsuit over his family business.

The appeals are ongoing, despite Trump receiving no prison time in the criminal case and persuading a New York state appeals court to overturn a roughly half-billion-dollar penalty in the civil case.

In a statement, Trump's lawyers said: "President Trump will keep winning against Liberal Lawfare, as he is focusing on his mission to Make America Great Again."

Carroll's lawyer Roberta Kaplan said in a statement: "We look forward to an end to the appellate process so that justice will finally be done."
Carroll, 81, accused Trump of attacking her around 1996 in a Bergdorf Goodman department store dressing room.

Trump, 79, first denied her claim in June 2019, telling a reporter that Carroll was "not my type" and that she had fabricated the story to promote her memoir, What Do We Need Men For?

He essentially repeated his comments in an October 2022 Truth Social post, leading to the US$5 million ($7.6 million) verdict.

The more substantial award comprised US$18.3 million ($27.8 million) of damages for emotional and reputational harm, and US$65 million ($99 million) of punitive damages.

In the latest decision, the appeals court found the US$83.3 million ($126.3 million) award reasonable "in light of the extraordinary and egregious facts" of the case.

"The conduct here supports a significant punitive damages award," the court wrote.

"It involved malice and deceit, caused severe emotional injury, and continued over at least a five-year period."


For the latest from SBS News, download our app and subscribe to our newsletter.

Share
3 min read

Published

Source: Reuters


Share this with family and friends


Get SBS News daily and direct to your Inbox

Sign up now for the latest news from Australia and around the world direct to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Download our apps
SBS News
SBS Audio
SBS On Demand

Listen to our podcasts
An overview of the day's top stories from SBS News
Interviews and feature reports from SBS News
Your daily ten minute finance and business news wrap with SBS Finance Editor Ricardo Gonçalves.
A daily five minute news wrap for English learners and people with disability
Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS
SBS World News

SBS World News

Take a global view with Australia's most comprehensive world news service
Watch the latest news videos from Australia and across the world