explainer

'I'm here to try and get my life back.' Why Trump's rape accusation has resurfaced.

Content warning: This story deals with sexual assault and may be distressing to some readers.

Donald Trump is back in the headlines this week as the details emerge from a civil trial that alleges he sexually assaulted a writer nearly three decades ago. 

Former Elle magazine advice columnist, E. Jean Carroll, has claimed the 76-year-old former president allegedly raped her after she accompanied him into a New York department store fitting room in the 1990s.

"I'm here because Donald Trump raped me, and when I wrote about it, he lied and said it didn't happen," she told jurors on Wednesday in federal court in Manhattan. 

"He lied and shattered my reputation, and I'm here to try and get my life back."

This is not the first time Trump, who has been accused of sexual misconduct by dozens of women, has been sued by Carroll.

The case is also among a slew of lawsuits and probes facing Trump as he runs for president again in 2024.

As the civil trial gets underway, here's what you need to know. 

What is the case about?

The lawsuit concerns an alleged encounter in a Bergdorf Goodman department store dressing room in late 1995 or early 1996, where Carroll says Trump raped her before she could flee.

Carroll says Trump defamed her by calling her rape claim a hoax, lie and "complete con job" on his Truth Social media platform, and said she was not his "type" and had made up the claim to sell her memoir.

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Recalling the incident, the 79-year-old said she was leaving the store when Trump recognised her and held up his hand. 

"He said, 'Hey, you are that advice lady,'" she said. 

"I said, 'Hey, you are that real estate tycoon.'"

Carroll said Trump bantered in a "joshing" tone as he shopped for lingerie for another woman.

She said Trump asked her to try on a piece of lingerie, prompting her to joke that he should try it on.

Carroll said Trump then coaxed her into an open dressing room, shut the door, shoved her against a wall, and pulled down her tights. She choked up and fought back tears as she described pushing him back.

Trump's fingers "went into my vagina, which was extremely painful, extremely painful," and he also "inserted his penis," she said.

"As I'm sitting here today I can still feel it," she said.

"It left me unable to ever have a romantic life again."

Asked by her lawyer if she told Trump 'No' Carroll said "I may have said it" but did not know.

She also said she blamed herself, and feared she would be fired and Trump would retaliate if she reported him.

Inspired by the #MeToo movement, Carroll finally came forward with the allegations in 2019, when New York Magazine published an excerpt from Carroll's book What Do We Need Men For? ahead of its release. 

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Trump later called the accusation "fake news" in a statement, as per the ABC.

"No pictures? No surveillance? No video? No reports? No sales attendants around — I would like to thank Bergdorf Goodman for confirming they have no video footage of any such incident, because it never happened," he said.

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Carroll sued for defamation that year. However, the lawsuit has yet to go to trial due to legal questions regarding suits against sitting presidents. 

In 2022, she filed a second lawsuit, where Carroll alleged defamation and battery. This week's trial stems from that lawsuit.

Why is this a civil trial?

The criminal statute of limitations for the case has long expired.

However, last year, New York passed the Adult Survivors Act, which lets adults sue their alleged abusers long after statutes of limitations have run out. Carroll filed her lawsuit against Trump shortly after the act was passed.

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Now, she is seeking unspecified damages from Trump in the trial. 

What has Trump said?

Trump has denied the allegations against him.

He is also not attending, nor is he required to attend the trial.

However, that hasn't stopped him for addressing the case.

Earlier this week, he called Carroll's a lawyer a "political operative", and suggested the claim was "a made up SCAM".

"This is a fraudulent and false story – Witch Hunt!" he added. 

Trump also questioned how anyone could believe he – "being very well known, to put it mildly!" – could have raped Carroll.

"She didn't scream?" he wrote. "There are no witnesses? Nobody saw this?"

US District Judge Lewis Kaplan has warned that Trump could face more legal problems if he kept discussing the case.

If this has raised any issues for you, or if you just feel like you need to speak to someone, please call 1800 RESPECT (1800 737 732) – the national sexual assault, domestic and family violence counselling service.

- With AAP. 

Feature Image: Alex Wong/Getty/AAP.

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