— New York A writer who has accused former President Donald Trump of rape filed an amended complaint against him on Thursday in New York, only minutes after a new state law permitting victims of sexual abuse to sue for decades-old assaults went into effect.
The attorney representing E. Jean Carroll submitted the court documents electronically because the Adult Survivor’s Act temporarily waived the state’s regular deadlines for filing sexual assault lawsuits. She claimed specific compensatory and punitive damages for pain and suffering, psychological injuries, loss of dignity, and damage to her reputation.
Carroll, a longstanding advice writer for Elle magazine, stated in a 2019 book that Trump assaulted her in 1995 or 1996 in the changing area of a Manhattan luxury department shop.
Trump replied to the book’s charges by stating that Carroll was “not my type” and so it could never have occurred.
Carroll filed a defamation action against him in response to his statements, but the case has been stalled in appellate courts as judges determine whether he is immune from legal liability for comments made while he was president.
Democrat lawmakers urge the Department of Justice not to defend Trump in a defamation claim.
Carroll was previously prohibited by state law from suing over the alleged rape because too much time had passed since the event.
The new legislation of New York provides sex crime victims who missed the statute of limitations deadlines a second chance to bring a complaint. There will be a one-year window for such lawsuits, after which the normal time constraints will be reintroduced.
At least hundreds of lawsuits are anticipated, the majority of which will be filed by women alleging abuse by coworkers, jail guards, medical professionals, or others.
Carroll asserts in her fresh allegations that Trump committed violence “when he violently raped and molested her” and defamed her when he denied raping her last month.
Trump stated in his declaration that Carroll “I made up a narrative that I met her at the entrance of this packed New York City department store and’swooned’ over her within minutes. It is a hoax and a falsehood, just like all the other hoaxes perpetrated on me over the previous seven years.”
New York-based columnist E. Jean Carroll exits federal court on February 22, 2022. Larry Neumeister/AP
Carroll’s new capacity to sue Trump for rape may allow her to circumvent a potentially fatal legal defect in her initial defamation lawsuit.
If the courts finally determine that Trump’s first derogatory statements about Carroll’s alleged rape were part of his official duties as president, she would be precluded from suing him for defamation, as government workers are immune from such claims.
This protection would not apply to his actions previous to becoming president.
The judge presiding over the defamation action filed by Carroll three years ago, Lewis A. Kaplan, may decide to add the new accusations in a spring trial.
This week, Trump’s existing attorneys stated that they had not yet decided if they will defend him against the latest charges.
Carroll’s attorney, Roberta Kaplan, who is unrelated to the judge, stated during a court hearing last week that the new claims should not need a significant amount of extra evidence collecting. Last Monday, she inserted a copy of the new allegations into the original case file. Trump and Carroll have also been removed from office.
Kaplan stated in a statement about the latest complaint that her client “intends to hold Donald Trump responsible not just for defaming her, but also for sexually abusing her years ago in a Bergdorf Goodman dressing room.”
“Thanksgiving Day was the first day Ms. Carroll could sue under New York law, so just after midnight we filed our lawsuit with the court,” she continued.
Trump’s attorney Michael Madaio stated at the hearing that the new charges are fundamentally different from the first defamation complaint and would necessitate the collection of “an whole new set” of evidence.
On Wednesday, Trump’s attorney did not reply to a request for comment.
A second mail requesting response was sent to the attorney less than 10 minutes after the complaint was filed on the new day.
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