Former President Donald Trump can move forward with defamation claims against ABC News for using the term “rape” in their reporting of a “sexual abuse” verdict against him. On July 24, Miami federal judge Cecilia Altonaga ruled against dismissing Trump’s lawsuit against ABC News and George Stephanopoulos, citing that there are significant issues requiring further examination.
Trump’s lawsuit argues that ABC News and Stephanopoulos misrepresented the legal findings of a New York court case involving accuser E. Jean Carroll. While the jury found Trump liable for sexual assault due to digital penetration, it did not find him liable for rape, as defined by New York law, which specifies rape as involving penile penetration.
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Judge Altonaga stated that while a reasonable jury might not necessarily conclude that Stephanopoulos’ statements were defamatory, there is a possibility that a jury could find in Trump’s favor, making dismissal of the case inappropriate.
The dispute arises from a March 10 interview where Stephanopoulos repeatedly stated that Trump had been found liable for rape. He referenced Judge Lewis Kaplan’s ruling, which suggested that even though the jury found Trump liable for sexual assault rather than rape, the term “rape” could still be understood in a broader, non-legal context.
ABC News and Stephanopoulos defended their coverage as substantially true, arguing that the term “rape” is often used by the public to describe any form of forced sexual contact. However, Judge Altonaga emphasized that New York law clearly distinguishes rape from other forced sex crimes, and Stephanopoulos’ statements were made in the context of legal proceedings, which necessitate precise language.
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These defamation claims are part of broader legal battles between Trump and Carroll, who has won two separate verdicts against Trump, including awards totaling $85.3 million for sexual assault and defamation. Trump’s ongoing legal challenges include disputes over media coverage terminology of these cases.
Judge Altonaga concluded that a reasonable jury might find Stephanopoulos’ repeated use of the term “rape” without sufficient clarification to be defamatory. She noted that the brief display of a newspaper headline attempting to clarify the distinction was inadequate and could lead to confusion.
The trial regarding Trump’s defamation claims against ABC News and Stephanopoulos will proceed, with further legal arguments and evidence to be presented in court.
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