In May 2023, that jury awarded Carroll $5 million, concluding that Trump had sexually abused her in the 1990s and defamed her in 2022 by calling her accusations a “hoax.” The same case led to an $83.3 million damages verdict in a subsequent trial, after U.S. District Judge Lewis A. Kaplan determined Trump defamed Carroll in 2019 while denying the assault allegations. Trump continues to appeal both judgments.
Stephanopoulos’ comments became a point of contention because the jury did not find Trump liable for “rape” as narrowly defined under New York law. Judge Kaplan explained that New York’s legal definition of rape applies only to penile penetration, not to digital penetration, which Carroll alleged. Judge Altonaga ruled that these clarifications were not binding in Trump’s defamation case against ABC News.
Fair Report Privilege Denied
ABC News attempted to invoke Florida’s fair report privilege, which protects media outlets reporting on official government proceedings. However, Judge Altonaga found that Stephanopoulos’ statements did not clearly differentiate between Judge Kaplan’s legal clarifications and the jury’s verdict, leaving room for misinterpretation by viewers.
