A NY jury will have wide latitude to decide Trump’s civil claims

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NEW YORK (AP) A jury hearing the advice of a columnist who says she was raped by Donald Trump may begin deliberations Tuesday, and it will have wide latitude in deciding the truth of allegations against the former president. president

Writer E. Jean Carroll, 79, testified that Trump raped her in 1996 inside a dressing room at the luxury store Bergdorf Goodman in Manhattan after they met by chance and went shopping for underwear.

Trump, 76, said he never raped Carroll and was never with her at the department store. He was absent from the trial, although jurors saw portions of his videotaped deposition. He accused Carroll of making allegations to fuel sales of his 2019 memoir.

Jurors’ decision in a trial involving a civil case and not a criminal one may come down to who they believe more. Here’s more on how the jury will reach its verdict:

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WHEN DOES DELIBERATION BEGIN?

Closing arguments are tentatively scheduled for Monday with Carroll and Trump’s lawyers expected to finish their statements by the end of the day.

The judge is expected to read legal instructions to the jury on Tuesday, with deliberations to begin soon after.

US District Judge Lewis A. Kaplan gave Trump one last chance to request to testify, but the former president’s lawyers indicated he would likely decline that offer.

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WHAT WILL THE JURY DECIDE?

Kaplan instructed the nine jurors at the beginning of the trials that the central claim concerned battery.

He said that in a civil case, battery can result from even the slightest unlawful touching of another person.

The law does not draw a line between different levels of violence. It absolutely forbids all objectionable-to touching from the least to the most violent that a reasonable person would find offensive. In other words, anything from a gentle but unwanted kiss on the cheek to stabbing someone with a knife can constitute battery for the purposes of a civil case like this, Kaplan said.

Jurors will be asked to decide whether Carroll proved Trump committed battery. If Trump decides to build a battery, they are expected to be asked to what degree. After that, the Carrolls’ attorney proposed asking the jurors separately whether Carroll proved that Trump engaged in forced labor, sexual abuse and rape. The judge has not yet ruled on that proposal.

The lawsuit also involves Carroll’s claim that Trump made defamatory comments while denying her allegations.

For defamation, jurors will be asked whether Carroll proved that Trump’s statement was defamatory and whether clear and convincing evidence proved that Trump made the statement with malice.

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WHAT IS AT STAKE?

If a jury agrees that Carroll proved his claims of battery and defamation, they could award compensatory and punitive damages. The value is up to the jury.

There is absolutely no chance that Trump will go to jail as a result of a case.

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WHY IS THIS A CIVIL INSTEAD OF A CRIMINAL CASE?

Carroll admitted in his testimony that he did not go to the police.

His decision not to report a crime for so long precludes the possibility of prosecutors bringing criminal charges against Trump. Until recently, this would also have prevented Carroll from filing a lawsuit. But New York last year enacted a law that temporarily lets victims of sexual assault sue their alleged abusers, regardless of how long ago the assault took place.

Since this is a civil case, Trump is not required to be in court.

Unlike in a criminal trial, where a prosecutor may have to prove the case beyond a reasonable doubt, a civil jury decides based on the preponderance of the evidence, meaning whether something is more likely to be true than not. .

To prove a defamation claim, Carroll is required to prove his allegations by clear and convincing evidence, which is a higher legal standard than a preponderance of the evidence.

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