New York — A writer whoAn upgraded lawsuit against him was filed in New York on Thursday, minutes after a new state law went into effect allowing victims of sexual assault to sue over assaults dating back decades. E. Jean Carroll’s attorney filed legal papers electronically because the Adult Survivor’s Act temporarily ended the state’s usual deadline for filing sexual assault lawsuits. He sought unspecified compensatory and punitive damages for pain and suffering, psychological damages, loss of dignity and reputation.
Carroll, a longtime advice columnist for Elle magazine, first made the claim in a 2019 book, which said Trump raped her in the dressing room of a luxury department store in Manhattan in 1995 or 1996. What did
Trump responded to the book’s allegations.It could never happen because Carroll “wasn’t my type.”
His remarks prompted Carroll to file a defamation lawsuit against him, but the case is tied up in the appeals courts as judges decide whether he is immune from legal claims for comments made while president. no.
Previously, Carroll was barred by state law from suing the alleged rape because so many years had passed since the incident.
New York’s new law, however, gives sex crime victims who miss the statute of limitations a second chance to file a lawsuit. A window for such suits would be open for one year, after which normal limits would be restored.
At least hundreds of lawsuits are expected, many filed by women who say they were assaulted by co-workers, prison guards, medical providers or others.
In her new claims, Carroll maintains that Trump “forced and molested her” and defamed her when he denied raping her last month.
Trump said in his statement that Carroll “completely made up a story that I met him at the door of this crowded New York City department store and within minutes he was smitten. are being played.”
Carroll’s new ability to sue Trump for rape could help fix a potentially fatal legal flaw in her original defamation lawsuit.
If the courts ultimately find that Trump’s actual disparaging comments about Carroll’s alleged rape were part of his job duties as president, they would be barred from suing him over those remarks, because Federal employees are immune from defamation claims. No such protection would cover things he did before he became president.
Judge Lewis A. Kaplan, who is presiding over the defamation lawsuit Carroll filed three years ago, may decide to include the new claims in a trial in the spring.
Trump’s current lawyers said this week that they do not yet know whether 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 a greater collection of evidence. She has already put 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 his client “intends to hold Donald Trump accountable not only for defaming her, but also for sexually assaulting her, which she allegedly accused Bergdorf of years ago.” What happened in one of Goodman’s dressing rooms.”
“Thanksgiving Day was the first day that Ms. Carroll could have filed under New York law, so our complaint was filed shortly after midnight,” he added.
Trump’s lawyer, attorney Michael Medave, said at the hearing that the new charges are significantly different from the original defamation case and would require a “whole new set” of evidence gathering.
A lawyer for Trump did not respond to a message seeking comment Wednesday. Less than 10 minutes into the new day, another message was sent to the lawyer seeking comment after the lawsuit was filed.