Explained | Trump’s rape case: Is ex-US president in danger of going to jail?

For decades, former US President Donald Trump appeared to shrug off claims, investigations, and even impeachment.His "Teflon Don" image is going to be put to the test; a jury of average citizens are going to hear a lawsuit accusing him of rape.

Jury selection beganonTuesday (April 25) in a trial over former advice columnist E. Jean Carroll's accusation that Trump raped her over three decades ago in a department store dressing room.

Trump's trial is being held in a federal civil court, which means that he will not be jailed regardless of the outcome, reported the Associated Press.He is not obligated to appear in court, and his attorneys have suggested that he will most likely not testify.

The difference between a civil and criminal case

Both civil and criminal proceedings analyse infringement of people's rights and who is to blame. However, they differ in terms of structure, burdens of proof, and penalties, as per The Mississippi Bar Association.

A civil case is a disagreement between two people, or parties, about an issue in particular. A party sues the other, and the jury decides on responsibility and damages. The court may order the party found at fault to pay money to the aggrieved party or to fulfil an obligation, such as honouring a contract.

Criminal law views a crime as an act against society rather than an individual. As a result, the government takes legal action against someone who has committed a crime.

If found guilty, the defendant may be sentenced to pay a fine, serve time in jail or be placed on probation. The law and society regard imprisonment as a loss of personal freedom and consequently a more serious penalty than a monetary fine.

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Because the stakes are so much higher for a defendant in a criminal case than between two parties in a civil dispute, the justice system incorporates safeguards to protect a defendant's rights. These include the presumption of innocence, which states that a person is innocent unless proven guilty. Instead of the defendant having to establish his or her innocence, the prosecution must prove the defendant's guilt beyond a reasonable doubt.

In a civil case, the burden of proof is significantly lower. In civil cases, a preponderance of evidence demonstrating a greater than 50 per centpossibility that one of the parties is at blame is sufficient.

Other constitutionally protected rights exist for defendants in criminal proceedings. These include the right to an attorney, whether hired privately or appointed by the court; the right not to be forced to testify against themselves; the right to compel witnesses to testify in their defence; and the right to challenge witnesses who testify against them through cross-examination.

What charges didCarroll level against Trump?

Carroll filed the second complaint after New York passed legislation last year that gave adult victims of sexual assault a one-year opportunity to file civil lawsuits against their attackers when the statute of limitations had lapsed. She is suing for monetary compensation after accusing Trump of assaultingher in a department store changing room in the mid-1990s, as reported by The Guardian.

The first lawsuit has been put on hold due to legal debate over whether Trump may be sued for comments he made as president.

Trump’s response to the accusations

Trump strongly denied the charges, stating Carroll was "totally lying" and labelling her a "nut job" multiple times. He further stated that because she was "not my type," he would never have assaulted her.

Trump also claimed he had never met Carroll, despite the fact that they were photographed together with their spousesin 1987.

“I’ve never met this person in my life. She is trying to sell a new book – that should indicate her motivation. It should be sold in the fiction section,” he said.

Why did the US Justice Department stand with Trump in Carroll's defamation lawsuit?

The Justice Department demanded that the defamation case be transferred from state to federal court, claiming that Trump's public statements denying rape in 2019 were made as part of his duty as president.

The administration then contended that Carroll is not suing Trump as an individual but as an employee of the US government, and thus the government should be substituted for Trump as the defendant, reported The Guardian.

“The government thus asserts that this case is virtually identical in principle to a lawsuit against a Postal Service driver for causing a car accident while delivering the mail,” said the judge in considering the position in 2020.

The judge rejected the president's assertion that he is just another government employee and stated that his remarks regarding Carroll were not within the scope of his employment.

What happens if Trump loses the case?

If the jury determines that Trump did rape or otherwise assault Carroll, he will very certainly be ordered to pay compensation. It will also mean that, for the first time in US history, a jury has found a former president to be a rapist.

Political scientists think it's unlikely to hurt Trump's chances for the Republican presidential nomination next year since his most fervent supporters see the many legal actions against him as a conspiracy.

However, it will add to his already significant political baggage in the general election, making his re-election as president even more difficult.

(With inputs from agencies)

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