New York – The writer whofiled an enhanced lawsuit against him Thursday in New York, minutes after a new state law went into effect allowing victims of s*xual violence to sue over att*cks that happened decades ago. Attorney E. Jean Carroll filed legal documents electronically as the Adult Survivor Act temporarily removed the state’s usual time limits for filing s*xual assault lawsuits. She sought unspecified damages and compensation for pain and suffering, psychological damage, loss of dignity and loss of reputation.
Carroll, a longtime columnist for Elle magazine, first made this claim in a 2019 book, saying that Trump raped her in the dressing room of a Manhattan high-end department store in 1995 or 1996.
Trump responded to the allegations in the bookthis could never have happened because Carroll “wasn’t my type”.
His remarks prompted Carroll to file a defamation lawsuit against him, but that lawsuit was tied up in the appellate courts as judges decide whether he is protected from legal claims for comments made while he was president.
Previously, state law barred Carroll from suing over the alleged rape because too many years had passed since the incident.
A new New York law, however, gives victims of s*x crimes who missed the statute of limitations a second chance to file a lawsuit. The window for such actions will be open for a year, after which the usual time limits will be restored.
At least hundreds of lawsuits are expected, many of them filed by women who claim to have been assaulted by co-workers, prison guards, medical providers or others.
In his new claims, Carroll maintains that Trump committed the battery “when he forcibly raped and groped her” and that he defamed her by denying that he raped her last month.
Trump said in his statement that Carroll “completely made up the story that I met her at the door of this crowded New York department store and within minutes he had ‘passed out’ her.” It’s a hoax and a lie, just like all the other scams that have been played on me over the last seven years.”
Carroll’s new ability to sue Trump for rape could help her avoid a potentially fatal legal flaw in her original defamation case.
If the courts ultimately find that Trump’s original disparaging comments about Carroll’s rape allegation were part of his official duties as president, she would have no right to sue him for those remarks because federal employees are protected from defamation claims. No such protection would cover things he did before he became president.
Judge Lewis A. Kaplan, who presides over the libel lawsuit Carroll filed three years ago, may decide to include the new claims in a trial likely to take place this spring.
Trump’s current lawyers said this week that they don’t yet know if they will represent him against the new charges.
Carroll’s attorney, Roberta Kaplan, who is not related to the judge, said at a court hearing this week that the new claims should not require additional evidence gathering. She had already placed a copy of the new claims in the original case file last week. Trump and Carroll too.
In a statement regarding the new lawsuit, Kaplan said her client “intends to hold Donald Trump accountable not only for defaming her but also for the s*xual assault he committed years ago in a dressing room at Bergdorf Goodman.”
“Thanksgiving was the first day Ms. Carroll could file a motion under New York law, so our complaint was filed with the court shortly after midnight,” she added.
Attorney Michael Madaio, Trump’s lawyer, said at the hearing that the new allegations are significantly different from the original defamation lawsuit and would require a “whole new set” of evidence gathering.
Trump’s lawyer did not respond to a message on Wednesday seeking comment. Another message asking for comment was sent to the lawyer after the lawsuit was filed less than 10 minutes before the new day.
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