Judge rejects Trump DNA offer in E Jean Carroll rape defamation case

Lewis Kaplan says Trump has missed his chance to provide DNA sample to rebut allegations first made by Carroll in 2019 book

Donald Trump missed his chance to use his DNA to try to prove he did not rape the writer E Jean Carroll, a federal judge said on Wednesday, clearing a potential roadblock to an April trial.

The judge, Lewis A Kaplan, rejected the 11th-hour offer by Trump’s legal team to provide a DNA sample to rebut claims Carroll first made publicly in a 2019 book.

Kaplan said lawyers for Trump and Carroll had more than three years to make DNA an issue in the case and both chose not to do so.

He said it would almost surely delay the trial scheduled to start on 25 April to reopen the DNA issue four months after the deadline passed to litigate concerns over trial evidence and weeks before trial.

Trump’s lawyers did not immediately comment. Carroll’s attorney, Roberta Kaplan, declined to comment.

Carroll’s lawyers have sought Trump’s DNA for three years to compare it with stains found on the dress Carroll wore the day she says Trump raped her in a department store dressing room in late 1995 or early 1996. Analysis of DNA on the dress concluded it did contain traces of an unknown man’s DNA.

Trump has denied knowing Carroll, saying repeatedly he never raped her and accusing her of making the claim to stoke sales of her book. She has sued him for defamation and under a New York law which allows alleged victims of sexual assault to sue over alleged crimes outside the usual statute of limitations.

After refusing to provide a DNA sample, Trump’s lawyers switched tactics, saying they would provide one if Carroll’s lawyers turned over the full DNA report on the dress.

But Kaplan said Trump had provided no persuasive reason to relieve him of the consequences of his failure to seek the full DNA report in a timely fashion.

The judge also noted that the report did not find evidence of sperm cells and that reopening the dispute would raise a “complicated new subject into this case that both sides elected not to pursue over a period of years”.

He said a positive match of Trump’s DNA to that on the dress would prove only that there had been an encounter between Trump and Carroll on a day when she wore the dress, but would not prove or disprove that a rape occurred and might prove entirely inconclusive.

Kaplan added: “His conditional invitation to open a door that he kept closed for years threatens to change the nature of a trial for which both parties now have been preparing for years. Whether Mr Trump’s application is intended for a dilatory purpose or not, the potential prejudice to Ms Carroll is apparent.”

The Associated Press typically does not name people who say they have been sexually assaulted unless they come forward publicly, as Carroll has done.

The Carroll case is just one source of legal jeopardy for Trump, who is now one of two candidates for the Republican presidential nomination in 2024.

He also faces an investigation of a hush money payment to a porn star who claims an affair, investigations of his financial and tax affairs, investigations of his election subversion attempts, and investigation of his retention of classified records.

Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In the US, Rainn offers support on 800-656-4673. In the UK, Rape Crisis offers support on 0808 802 9999. In Australia, support is available at 1800Respect (1800 737 732). Other international helplines can be found at ibiblio.org/rcip/internl.html