More than the money: E. Jean Carroll's legal fight

Today, in the window, imagine neither coats nor pearls, but 83.3 million US dollars, the award resulting from E. Jean Carroll's January 26 trial for her most recent lawsuit against Donald Trump. Of that sum,  $18.3 million is for compensatory damages: $11 million for repairing her reputation and $7.3 million for emotional harm. The remaining $63 million is for punitive damages. (The amount, eight times more than Carroll asked for, was intended to deter his future comments; however, law professor RonNell Andersen Jones wrote in a sobering New York Times piece on Jan. 28 thinks it may not.

If even a fraction (and $5 million awarded in May 2023, when Trump was found guilty of sexual abuse and defamation under New York's 2022 Adult Survivors Act) is ever collected, it financially compensates Carroll, but also removes the requirement to use "allegedly" and "accused" about the defamatory comments Trump made about Carroll. 

Only those two know what happened during the encounter 23 years ago; some persons deny the assault took place, because there is only her testimony concerning that. But last week's trial presented ample evidence of a different form of violence: Trump's defamatory responses to her initial 2019 allegation and since. (Here is a summary of the cases.) 

Asked why she did not speak up earlier, Carroll testified about her shame; doubt that police would take her seriously; social conditioning ("Women like me were taught to keep their chins up and not complain."); and Trump's immense power. 

Though younger, I had some conditioning too; Mom made it clear that the phrase "she has a reputation" was not a compliment. You did not want talk. A girl would be seen as 'easy' even if she had been, in Mom's circumspect phrase, "taken advantage of".  

Sixty years after my mother's counsel, sexual assault is still all too common. The defamation, though, is remarkable, because of its years-long attempt to destroy this woman's personal and professional reputation. 

Twenty-three years later, Carroll spoke in court, to prove that she was damaged by her abuser's continual, malicious stream of calumny. Rather than being discounted, she was believed. I savour that validation more than the millions; it's priceless. 


  

Comments

Leslie M said…
She has regained her power from a man who spends his life trying to take power away from others. Sorry Mom, people are talking about her now, just not in the way you feared. :-)
Jean S said…
She's amazing--one tough cookie.
Tom said…
When I saw the photo, I thought you were going to write about the chic clothing worn by Carroll and the female attorneys (including the necklace worn by Kaplan!).

Like most women I know, I have been harassed, bullied, and worse by more men than I care to count. Most, if not all, probably had no recollection of their words/actions shortly thereafter (I think of Kavanaugh, Thomas, and Trump and more, not to mention my own tormentors).

Good for her!! E back in NOLA
Venasque said…
This man deserves all he gets and then some. He is a repulsive excuse for a human and his constant denigration of E. Jean Caroll (and really all women) makes him unfit for the office to which he aspires. I am in complete agreement with your joy at the validation, finally women's voices are being heard, not to the degree I would like, but somewhat. She is amazingly brave to have kept up this fight, I'll bet with all the trolls (sadly not to mention the death threats) nowadays, it's been deeply unpleasant.

PS. She looks great in the photo - I love the shoes.
Duchesse said…
All: I believe justice was served. I only wish there had been witnesses or even video evidence, because there will be persons—and they have contacted me—who do not believe her and cite lacunae and discrepancies in her testimony. As a person who endured a physical assault (from a classmate at university), I tell these persons that shock and terror will impede one's ability to provide accurate or full details.

Like Carroll, I did not contact police or press charges. I was certain that my parents would take me out of that university and I'd have to finish my education in my home town. (I was a minor so they would have found out about it.)

We look at this case though our own eyes and therefore, biases, I think he is guilty but what is important is that the jury in the first trial did. (The jury in the second trial addressed only the defamation.)
LN said…
I’m sorry you were assaulted , that is never ok. I’m also sorry that you had dive into politics in your blog , I did enjoy the fashion and pearls.
If I wanted to read a political blog there are many others that I choose. I don’t care to know what your politics , are as I don’t know you and didn’t ask you. Your thoughts on Trump(and any other) US political figure are no interest to me. Way to turn off readers!
Duchesse said…
LN: I sense that you are disappointed and prefer other topics. I write, as the header of the blog states, about "culture" as well as style and pearls—not often, so this was an anomaly. It's gonna happen sometimes.

My comments are about the American justice system; the violence of sexual abuse and of defamation; and cultural conditioning.

That the defendant is a former US President is a factor, but it's not a post about "politics", it's about the effort to provide justice to persons of all backgrounds (and both deserve that), as well as to the cultural changes that the plaintiff says encouraged her to finally speak of what happened. I am vitally interested in that topic, LN, and I write about what engages me. I never worry about "turning off readers" as that's being false to myself, and to readers who wonder about these things, too.

There are thousands of blogs about fashion, so you should be well-served.
Jean S said…
The primary reason I read this blog is that it is, consistently, about the wider world. I still remember your piece about the boy in your class who submitted his own "recipe." Such a deeply poignant honoring of a lonely, struggling child.
Patricia said…
Hello Duchesse, this is the second time in a week that I have (gladly) read a favourite style blog that addressed the current Republican frontrunner. She, too, had a few (but only a few) readers comment that they didn't need to read such things on her blog. Well, I can tell you that you can absolutely afford to lose a few readers, if it comes to that. As Jean S. says above, I enjoy when you now and again stray from your usual style topics - we should all be aware of what is going on in the world, which certainly didn't seem to be the case for those commenters on the other blog!
Bunny said…
Wonderful post, Duchesse. I am always up for your views on any subject, not just fashion. For most, with age comes wisdom and I appreciate that and yours. Never hesitate, and I know you won't, to share your viewpoints with this reader, whether it be on pearls or court cases. They keep me reading.

As far as why she didn't come forth sooner....There is something about trauma that puts up a wall around one. It is there to protect you, I suspect, and that contributes to the silence. Don't ask me how I know this.
Duchesse said…
Bunny: Thank you! A wall around one is an apt metaphor.

The wall can pertain to an individual, group or even community. as the 2022 film "Women Talking" (based on an actual incident) showed. The director, Sarah Polley, has spoken. about her own inability to report the alleged violent sexual encounter she had with a well-known Canadian performer and broadcaster when she was 16, until after 25 years had passed.
Mardel said…
Thank you Duchesse, for this post. I too savor Carroll's validation and this judgement. I too was assaulted, by an employer, and I never talked about it, although I quit that job immediately even not knowing if I would be able to pay my rent. Many women were not so lucky. But even if I hadn't been assaulted, I think the decades of silence and shame have to end and I remain saddened that that the collective we would still rather exist in denial. I wish someone had stood up with Carroll. I have no first hand experience or knowledge, but I had a friend who was a personal shopper at Bergdorf Goodman during that time, and she told me once, whispered in a corner, as if even telling me was a betrayal of some secret code, to never allow myself to be alone with "the Donald". We had just seen him in another department as we were on our way to lunch. I love your posts on pearls and style, and I love that you support women.
Duchesse said…
Mardel: I have heard men friends and acquaintances say, "Women are coming forward—but some of them have to be lying. A man could be unjustly accused." That is a concern for any crime for which there are no witnesses. I believe that, when there is a provable attempt to destroy a woman's career via defamation (Donald Trump) or the deliberate restriction of her employability (Harvey Weinstein), it supports the woman's testimony.

Assaults are far more common than many persons realize, because of that silence. I once sat around a dinner table of nine women and every one of them had experienced sexual or physical assault from a man known to her. For four of theml, that evening was the first time they had told anyone.

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