Ms. Carroll’s attorneys face a different challenge, said Ilann M. Maazel, a lawyer who last fall represented a woman awarded $10 million a Manhattan Supreme Court trial after she sued the Oscar-winning filmmaker Paul Haggis, accusing him of raping her.
Mr. Maazel said defense lawyers often try to undermine victims’ credibility by saying they did not resist or try to escape, or that they did not go to the police. But Mr. Maazel noted that the victims often feel fear, shame and even denial.
“There are so many reasons survivors do not come forward, but it doesn’t change the fact that they were assaulted,” he said.
Roberta A. Kaplan, a lawyer for Ms. Carroll, and Joseph Tacopina, a lawyer for Mr. Trump, each declined to comment. But in recent court papers, they summed up their cases this way:
“Trump’s sexual assault has caused Carroll to suffer lasting psychological harms, loss of dignity and intimate relationships, and invasion of her privacy,” Ms. Carroll’s lawyers wrote.
Moreover, they said, Mr. Trump’s Truth Social posting in October defamed her by damaging her reputation and causing her emotional and professional harm.
Mr. Trump’s lawyers, in their summary, point to the lack of eyewitnesses or photographic or video evidence, “which is not surprising,” they say, “since this alleged incident never occurred.”
They accuse Ms. Carroll of making her rape allegation “to sell a book and for political reasons.” If Mr. Trump does not testify, the outcome of Ms. Carroll’s case may depend on how she stands up to cross-examination.
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