In a rape prosecution, the victim’s credibility is essential to the case. The nature of the crime means it doesn’t usually happen in front of witnesses, hence the “he said,” “she said” trope (although, to be clear, men are rape victims too.) The results almost always hinge on whether the jurors believe the victim.
E. Jean Carroll’s civil lawsuit against former President Donald Trump is not a criminal prosecution. Carroll alleges that Trump defamed her on social media in 2022 and committed battery against her (a civil tort version of the crime of assault.) Carroll also filed an earlier lawsuit alleging Trump defamed her while he was president, but that case was delayed by Trump’s appeals and those allegations aren’t included in this trial. (Trump previously called her accusations a “con job” and a “scam.”)
This jury only has to find Carroll’s claims are supported by a preponderance of the evidence.
Even though this is a civil case, when the jury deliberates, Carroll’s credibility will be key, just like it would be if this was a rape prosecution. To find for Carroll, jurors must be persuaded Trump raped her and then lied about it. But unlike a criminal case, where the prosecution must prove its case beyond a reasonable doubt, this jury only has to find Carroll’s claims are supported by a preponderance of the evidence — that it’s more likely than not she is telling the truth.
Trump’s lawyers are already using the age-old and repulsive tactics deployed against women in this situation. The law has mostly evolved past anti-victim stereotypes: She didn’t fight back, she didn’t call the police right away, she wasn’t pretty enough to rape. And some past efforts to paint the victim as unworthy of protection have been prohibited outright as the law evolves. Rape shield laws, for example, now largely protect a victim’s prior sexual history from being discussed at trial. Similar arguments suggesting a victim was “acting like she wanted…
Read the full article here