Author who accused Trump of rape in 1990s files new lawsuit

Written by

NEW YORK (AP) – A writer who accused former President Donald Trump of rape filed an upgraded lawsuit against him in New York on Thursday, minutes after a new state law took effect that allows victims of sexual assault to sue over attacks that took place decades ago.

E. Jean Carroll’s attorney filed the legal papers electronically as The Adult Survivors Act temporarily suspended the state’s usual time limits for legal proceedings due to sexual assault. She sought unspecified compensatory and punitive damages for pain and suffering, psychological injuries, loss of dignity and damage to reputation.

Carroll, a longtime advice columnist for Elle magazine, first made the allegation in a 2019 book, saying Trump raped her in the dressing room of a luxury department store in Manhattan in 1995 or 1996.

Trump responded to the book’s claims by saying it could never have happened because Carroll “wasn’t my type.”

His remarks led Carroll to sue for libel against him, but that lawsuit has been tied up in the appeals courts as judges decide whether he is protected from legal claims for comments made while he was president.

Previously, Carroll had been barred by state law from suing over the alleged rape because years had passed since the incident.

However, New York’s new law gives victims of sex crimes who missed statute of limitations deadlines a second chance to file a lawsuit. A window for such suits will open for one year, after which the usual time limits will be reinstated.

At least hundreds of lawsuits are expectedincluding many filed by women who say they were assaulted by co-workers, prison officers, doctors or others.

In her new allegations, Carroll maintains that Trump committed violence “when he forcibly raped and groped her” and that he slandered her when he denied raping her last month.

Trump said in his statement that Carroll “completely made up a story that I met her at the doors of this crowded department store in New York City and within minutes ‘passed out’ her. It is a Hoax and a lie, like all the other Hoaxes that has been played on me for the past seven years.”

Carroll’s new ability to sue Trump for rape could help her sidestep a potentially fatal legal error in her original libel case.

If the courts ultimately find that Trump’s initial disparaging comments about Carroll’s rape allegations were part of his job as president, she would be barred from suing him for those remarks, as federal employees are protected 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 suit 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 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 hearing this week that the new allegations should not require much additional gathering of evidence. She already put a copy of the new allegations in the original case file last week. Trump and Carroll have also already been impeached.

In a statement about the new lawsuit, Kaplan said her client “intends to hold Donald Trump accountable not only for defaming her, but also for sexually assaulting her, which he did years ago in a dressing room at Bergdorf Goodman. “

“Thanksgiving Day was the very first day Ms. Carroll could file under New York law, so our complaint was filed in court shortly after midnight,” she added.

Attorney Michael Madaio, a lawyer for Trump, said at the hearing that the new allegations are significantly different from the original libel case and would require “a whole new set” of evidence gathering.

A lawyer for Trump did not respond to a message seeking comment Wednesday. Another message seeking comment was sent to the attorney after the suit was filed less than 10 minutes into the new day.

About the author

Leave a Comment