Home World US writer who accused Trump of rape files battery lawsuit | Donald Trump News

US writer who accused Trump of rape files battery lawsuit | Donald Trump News

by News Desk
0 comment

The author who accused former President Donald Trump of rape filed a second lawsuit against him minutes after New York state law took effect for victims of sexual assault decades ago.

E Gene Carroll’s complaint, filed in federal court in New York City, accuses Trump of assault and defamation “when he forcibly raped and groped her” and accused him of the alleged rape. He cites an October post on the Truth Social platform that he denied.

Carroll sought unspecified compensatory and punitive damages for pain and suffering, mental harm, loss of dignity and damage to reputation.

Carroll, a longtime advice columnist for Elle magazine, made her first sexual assault allegation in a 2019 book that Trump raped her in the locker room of an upscale Manhattan department store in 1995 or 1996.

She filed a battery claim under New York’s Adult Survivor Act. This is a new law that gives victims of sexual assault a one-year period to sue someone they suspect of abuse.

Former US President Donald Trump called E. Gene Carroll’s rape allegations a “hoax.”She’s suing for battery and defamation [File: Jose Luis Villegas/ AP Photo]

Thursday, November 24 — Thanksgiving and National Holiday in the United States — was the first day the accuser could sue. Her attorney electronically filed legal papers the very first minute of the day.

Trump denied raping Carroll or knowing her at the time, saying she was “not my type.”

His initial denial in June 2019 led to her being sued for defamation five months later.

He reiterated his denials in an Oct. 12 post on his Truth Social account, calling Carroll’s allegations “hoaxes” and “lies,” prompting new defamation allegations.

In a statement, Trump said Carroll “completely fabricated the story that I met her at the door of this crowded New York City department store and swooned her within minutes. It’s a hoax and a lie, like all the other hoaxes that have been put against it.”

Both sides are awaiting an appeals court decision addressing Trump’s claim that he was acquitted as president.

Carroll’s new suit skirts its issuance, as Trump ceased to be the sitting president in October.

Federal employees are protected from defamation allegations if the court ultimately determines that Trump’s first disparaging comments about Carroll’s alleged rape were part of his duties as president. She is barred from suing him for those statements. Such protection does not cover what he did before he became president.

Judge Louis A. Kaplan, who presides over the defamation lawsuit Carroll filed three years ago, may decide to include the new allegations in a trial likely to take place in the spring.

The first lawsuit was scheduled to go to court in Kaplan, Manhattan on February 6, 2023, but could be delayed due to appeals proceedings.

At Tuesday’s hearing, Carroll’s attorney, Roberta Kaplan, is seeking an April 10 trial covering both lawsuits, saying there is considerable overlap between them.

Trump’s attorney Alina Habba has called for a May 8 trial on the first lawsuit alone. She also told the judge that Trump didn’t hire an attorney in the second lawsuit, so she made sense for the longer delay.

“Mr. Habba, our client in the current litigation, has known this was coming for months, so I would recommend that you decide who is representing him,” the judge replied.

Judge Kaplan said he could schedule both cases early next week.

Previously, many years had passed since the incident, so Carol was barred by state law from filing a rape allegation.

But New York’s new law gives victims of sex crimes who miss a deadline related to the statute of limitations a second chance to file a lawsuit. The window for such lawsuits will be open for her one 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 they have been assaulted by colleagues, prison guards, health care providers and others.

You may also like

Leave a Comment

Copyright ©️ All rights reserved. | Canadian Trends