November 30, 2022

E. Jean Carroll sues Trump for battery and defamation as lookback window for adult sex abuse survivors’ suits opens in New York

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CNN

Former magazine columnist E. Jean Carroll sued former President Donald Trump for battery and defamation under a new New York law that allows adults who allege sexual assault to file claims years after the assault.

Carroll filed the suit on Thursday, the first day that civil cases can be brought under the new law. Adult Survivors Actwhich gives adults one year to file a claim.

The case is another. Carol brought up against Trump But he was the first to try to hold her accountable for battery in the mid-1990s, when she allegedly raped Carroll in a dressing room at a New York department store. The lawsuit also alleges a new defamation claim based on statements Trump made last month.

Carroll is asking the judge to order Trump to recant his defamatory statements and pay compensatory, punitive and exemplary damages in an amount to be determined at trial.

“Trump’s primary sexual assault seriously injured Carol, causing significant pain and suffering, lasting psychological harm, loss of dignity, and an invasion of her privacy. Her recent defamatory statement has only added to that harm. which Carroll had already suffered,” the lawsuit alleges.

Earlier in Tuesday’s court hearing, Trump’s attorney Alina Haba told Judge Lewis Kaplan that she had not yet been retained to represent Trump in the Adult Survivors Act lawsuit.

Kaplan noted that Trump has known the lawsuit “has been coming for months and will be well-advised to decide who is representing him.”

In 2019, Carol Trump sued for defamation While he denied the allegation of his sexual abuse, he said he had never met Carol, that she wasn’t his type, and that he made up the story to boost sales of his new book.

In Thursday’s lawsuit, Carroll reiterated those previous statements and added a new one. October 2022when Trump made similar remarks about him as he prepared to sit down for a deposition regarding the 2019 trial.

“I don’t know this woman, I don’t know who she is, other than it looks like she got a picture of me years ago, with my husband, in the reception line at a celebrity charity event. My hand was shaking. Trump posted on his social media platform, Truth Social, that he completely made up a story that I met him at the door of a crowded New York City department store and within minutes had ‘exposed’ him. gave

“This is a sham and a lie, just like what has been played on me for the past seven years. And, while I shouldn’t say it, I will. This woman is not my type!” the post said.

Carroll’s 2019 defamation lawsuit against Trump hangs in the balance. Trump’s lawyers challenged the lawsuit, saying the Justice Department should be substituted as defendants because Trump, as president, was answering reporters’ questions about Carroll’s allegations. The Justice Department agreed.

Kaplan ruled in Carroll’s favor, but Trump and the Justice Department appealed. A federal appeals court in New York ruled that Trump was a federal employee at the time but asked an appeals court in Washington, D.C., to determine whether the statements fell within the scope of his employment.

The D.C. Court of Appeals has expedited the case and could rule as early as next year. If the court rules against Carroll, the lawsuit is likely to be dismissed because the federal government cannot be sued for defamation.

If the 2019 case is dismissed, defamation claims from 2022 would not be affected because Trump was not a federal employee when he made the new statements last month.

Carroll’s lawyers previously asked Kaplan to consolidate the 2019 and 2022 proceedings into one trial early next year. The judge said he would weigh in next week.



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