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When the accusation is sexual assault or rape, the rights of the accused go out the window.President Trump knows that firsthand — and he’s asking the US Supreme Court to remedy it.Prosecutors and plaintiffs’ lawyers can drag in character assassins who know nothing about the alleged assault, but instead make their own claims — without proof — that they too were victims of the accused, often years or even decades earlier.That’s what happened to Trump in the E. Jean Carroll case, and why he’s appealing the jury’s decision....A New York jury awarded Carroll $5 million in 2023 after finding Trump liable for sexually abusing her in a Bergdorf Goodman lingerie dressing room years earlier. ...Men accused of sexual assault have essentially lost their right to a fair trial due to misguided changes to the Federal Rules of Evidence that Congress made in 1995 — solely for such cases....Federal Rules 413, 414 and 415 allow prosecutors in criminal cases, or the plaintiff’s lawyer in a civil case, to drag in past accusers voicing their own grievances against the accused, no matter how unsubstantiated.Their testimony is meant to convince a jury that the defendant has a “propensity” to sexually assault women. And when real evidence is lacking, it makes swaying the jury much easier.Carroll couldn’t remember what year Trump supposedly assaulted her, never reported the incident to police, and couldn’t produce store camera footage or witnesses who saw it happen. Though she boasted that she had Trump’s DNA on her dress, she declined in court to permit a DNA test and moved to exclude DNA evidence from the trial.What’s her lawyer to do when there’s no evidence to prove her implausible claim?Drag in “propensity” witnesses — in Trump’s case, Jessica Leeds and Natasha Stoynoff.Leeds accused Trump of groping her on an airplane 37 years earlier, though she couldn’t remember the precise date, where she was flying or on what airline....Stoynoff claimed that in 2005, Trump suddenly grabbed her and kissed her without her consent at Mar-a-Lago.She, too, offered no corroborating contemporary evidence of the alleged behavior.
This bullshit will only stop when those who make false accusations face reciprocal punishment that the accused was staring down had they been convicted of the accused crime.
Men accused of sexual assault have essentially lost their right to a fair trial due to misguided changes to the Federal Rules of Evidence that Congress made in 1995 — solely for such cases.
