A federal judge has dismissed Donald Trump s defamation countersuit against the writer E. Jean Carroll , whom he was found guilty of sexually abusing and defaming by a jury in May.

In his ruling on Monday, Judge Lewis Kaplan of the Southern District of New York shot down Trumps claim that Carroll defamed him when she said on CNN after the verdict that Trump raped her.

Based on all of the evidence at trial and the jurys verdict as a whole, the jurys finding that Mr. Trump sexually abused Ms. Carroll implicitly determined that he forcibly penetrated her digitally in other words, that Mr. Trump did in fact rape Ms. Carroll as that term commonly is used and understood in contacts outside of the New York Penal Law, Kaplan wrote, granting Carrolls request to dismiss the lawsuit.

The Manhattan jury concluded in May that Trump was guilty of sexually assaulting Carroll in a department store dressing room in the 1990s, awarding her $5 million in damages. It did not find Trump guilty of rape which New York penal law narrowly defines as forcible penetration with a penis.