‘Backdoor’ legal strategy in E. Jean Carroll case offers roadmap for other victims: columnist

A “backdoor” legal strategy that lawyers representing writer E. Jean Carroll utilized in the civil case against Donald Trump offers a road map for other sexual assault victims, MSNBC columnist Jessica Levinson writes.

A Manhattan jury on Tuesday ruled that Trump was liable for defamation and sexual abuse and awarded Carroll $5 million as a result of a unique law, Levinson writes, noting that last year New York State passed a new law that created a one-year window for victims of sex-related offenses to file civil suits in cases in which the statute of limitations has expired.

Although not all alleged victims can utilize such measures, Levinson contends that Carroll’s defamation allegations offer a “path to justice,” noting that her case hinged on Trump’s denial of her allegations.

Levinson writes: “Truth is a complete defense to a claim of defamation. Therefore, while this defamation case played out in a civil courtroom, not a criminal one, part of this case was about whether the jury believed Carroll when she said Trump raped her, or believed Trump when he said he did not. In this way, Carroll’s case provides a road map for other alleged victims, whose claims may be too old for criminal charges, but can still play out in a court of law and obtain legal remedies.

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“Defamation cases, therefore, are a backdoor way of litigating claims of sexual assault, even if not in a criminal courtroom.”

Levinson adds: “Indeed, the mere act of suing for defamation is significant by itself. By responding to Trump’s awful denials with a legal suit, as opposed to simply responding outside of court, Carroll has underscored the seriousness of her allegations. Submitting her case to a court of law not only gives Carroll the possibility of legal recourse, it also signals to those outside the courtroom the urgency of her claims. Trump knows this very well. It is why, even when he has no chance of legal victory, he files and loses suitafter suit about everything from the 2020 election to news stories he dislikes.”

“But while Trump’s litigious strategy has routinely been laughed out of court, Carroll’s could be viewed as a blueprint for other alleged victims of sexual assault. Her case is not the first case to grow out of the #metoo movement. It is not the first case brought against an extremely powerful man. But there are plenty of historic firsts in this case. Most notably, Trump is the first former president to be sued for defamation based on a claim of battery.”