"RAINN FILES AMICUS BRIEF ARGUING THAT DEFAMING RAPE VICTIMS ISN'T AN OFFICIAL ACT OF THE PRESIDENCY"
On April 23, 2021, RAINN filed an amicus brief urging the Second Circuit Court of Appeals to consider how a ruling in President Donald Trump’s favor in E. Jean Carroll’s defamation lawsuit against him could have a chilling effect on survivors’ willingness to report sexual assault in the future.
Filing the brief in 2021 was critical because it presented the potential to shape legal precedent, bolster survivors’ rights, and strengthen survivors’ courage to come forward and pursue justice via the complex U.S. legal system.
Understanding the Amicus Brief
Trump claimed that his alleged defamation of Carroll was part of his official job as president, and he had the Justice Department intervene to take over the case.
RAINN’s amicus brief argued that Trump’s actions and words were irrelevant to his role as U.S. president and that a ruling in his favor “would give license to all federal officials to slander and defame their victims with impunity. Such a decision would have a chilling effect on survivors of sexual violence throughout the country and would exacerbate the challenges survivors already face in holding their attackers accountable.”
In 2023, Trump was found liable for defamation.
Creating the Amicus Brief
The amicus was written by RAINN’s pro bono counsel, Emery Celli Brinckerhoff Abady Ward & Maazel, led by partner Zoe Salzman and law clerk Julian Oppenheimer, working with RAINN’s legislative policy team.
Joining RAINN on the brief were Legal Momentum; the National Alliance to End Sexual Violence; the National Center for Victims of Crime; the New York City Alliance Against Sexual Assault; Safe Horizon; and Time’s Up.
RAINN’s 2021 Amicus Brief Cited at the DNC
On August 22, 2024, this 2021 amicus brief filed by RAINN was highlighted at the Democratic National Convention (DNC) in a powerful affirmation that no person, regardless of their position of power, should have the authority to discredit, demean, or vilify a victim to sway public opinion.
The Statement
DNC attendees and television audiences worldwide watched Virginia State Legislator Delegate Karrie Delaney give this statement from the convention stage in Chicago, Illinois:
"Survivors of sexual assault … struggle to be heard over the cacophony of voices demeaning, discrediting, and vilifying them. When powerful offenders are allowed to manipulate public opinion by attacking their victims’ credibility, all victims suffer.
"Those words are from the 2021 amicus brief filed by RAINN, the nation's largest anti-sexual violence organization, in the case of E. Jean Carroll v. Donald J. Trump. As a legislator and lifelong advocate against sexual violence, I urge all of us to stand together to support survivors, believe them, and hold perpetrators accountable."
Del. Delaney also advocates for anti-sexual violence legislation throughout the nation as RAINN’s director of federal affairs.
Sexual Violence Is a Nonpartisan Problem
For over 30 years, RAINN has worked closely and successfully with community leaders and policymakers of every affiliation. Democrat, Republican, Independent—it doesn’t matter; we care about policies, not politics.
RAINN will enter any room and join any conversation to further the fight against sexual violence. It’s a legislator's policies that we care about; not their politics.
THE STATISTICS
• In America, someone is raped every 68 seconds.
• Every 7 minutes, that person is a child. Kids, tweens, and teens under 18 are the most at risk.
• Only 310 out of every 1,000 sexual assaults get reported to police.
• Only 25 out of every 1,000 rapists receive a prison sentence.
• More than 2 in 3 crimes of sexual violence are never reported.
Policy victories that support survivors and hold perpetrators accountable are won through the committed efforts of legislators who want to protect people from predators and deliver justice to survivors of sexual violence.
Let’s Get to Work
Survivors of sexual violence have suffered enough. The least we can do is ensure perpetrators are held accountable. The least we can do is believe survivors and support them with meaningful pathways toward justice and healing.
We’ve been doing this work for 30 years, and we’ll be here for another 30—and another, and another. Whatever it takes until the work is DONE.
Join us. Stand in the gap for those who are unable to speak for themselves.
Together, we will build a world free from sexual violence.
Get Help
If you or someone you know has experienced sexual assault, you are not alone. RAINN's National Sexual Assault Hotline offers free, confidential, 24/7 support in English and en Español at 800.656.HOPE (4673) or online at hotline.RAINN.org.
Send press inquiries to RAINN Director of Media Relations, Erinn Robinson: media@RAINN.org