
<p>Unfortunately, sexual assault cases are difficult to prove &#8212; to meet a legal standard for conviction without solid evidence – such as witnesses, physical injuries, and biological evidence. ; Minimally, the cases are based on what she said/he said. ; And that does not generally meet the threshold of “beyond reasonable doubt.”</p>



<p>During the confirmation hearings of Justice Brett Kavanaugh, we heard the mantra that a woman should always be believed … period. ; That is feminist nonsense &#8212; and contrary to American justice, that requires proof of guilt.</p>



<p>Trump has never been charged with criminal sexual assault. ; That is because E. Jean Carroll did not seek justice at the time – or in the 30 years since the alleged event. ; She has now filed a civil lawsuit alleging sexual assault – and she wants unspecified monetary damages for claims of harm.</p>



<p>In a civil suit, the threshold is lowered to “the preponderance of evidence.” ; The problem is that there is no evidence – and if there was, it is lost in the annals of time.</p>



<p>Carroll’s attorneys are basing the case on the testimony of friends she is said to have told long after the time of the alleged incident. ; That is nothing more than they said/she said/he said. ; Their biases and credibility are no more or less compelling the Carroll’s. ; They are not hard evidence.</p>



<p>The second strategy is to try to establish a “pattern of behavior” by incorporating the testimony of women who had similar experiences with Trump. ; The problem is that their experiences were not entirely similar to the allegations put forth by Carroll.</p>



<p>Also, the judge allowed that testimony &#8212; in addition to the so-called Hollywood access tape on which Trump was heard bragging about his sex appeal to women. It was a controversial call by the judge since such extraneous information is normally barred. This could be the basis for an appeal.</p>



<p>Carroll has – in my judgment – a fatal flaw in her claim. ; She cannot recall the time and date – even the month – of the incident. ; That seems incredulous. ; I see it as more of a strategy to prevent Trump from providing information to establish that he could not have been there on a specific date,</p>



<p>The fact that she never filed a police report works against her story. ; And why did she wait 30 years to file a civil suit, and only when Trump is a presidential candidate and not very popular in New York City – from which the jury pool is drawn?</p>



<p>I also find the entire description of rape in a changing room in the lingerie department of a major department store during shopping hours to be odd. ; Why did she not yell out? ; Surely, she did not fear for her life. ; And why – by her own admission – did she willingly enter the changing room with him? ; Was there an appearance of consent?</p>



<p>Having said all that, I am not defending Trump against being a boorish sexist. ; I am not arguing that he is not capable of bad behavior. ; That should come as no surprise. ; I am not even concluding that he did not do the things Carroll alleges. ; ;</p>



<p>What I am saying is that it is equally possible that Trump is the victim of a lawsuit motivated by money, political animosity and advantageous professional publicity.</p>



<p>I do not give Carroll or Trump a judgment call based on credibility. ; There is just no way to divine the truth. ; My view of the case is not founded on the admiration of Trump but despite my lack of admiration. ; But when it comes down to nothing more than what she says and what he says, the American legal system bends – or should bend – in favor of the defendant.</p>



<p>I would not be surprised that a majority of a New York jury would decide for Carroll largely on the basis of dislike for Trump. ; That is a possibility – an unfortunate one in terms of true justice.</p>



<p>If Trump does not win at this level, you can bet on an appeal. ; This could be making news for years to come.</p>



<p>So, there ‘tis.</p>

E. Jean Carroll’s Sexual Assault Case Against Trump Does Not Have a Good LEGAL Basis
