E Jean Carroll sues Trump for battery and defamation as window opens for review on adult sexual assault survivors’ claims in New York



CNN

Former magazine columnist E. Gene Carroll has sued former President Donald Trump for battery and defamation under a new New York law that allows adults alleging sexual assault to sue years after the attack.

Carroll filed the lawsuit Thursday, the first day civil claims can be filed under the new law, the Adult Survivors Act, which gives adults a one-year window to file a claim.

The lawsuit is the second Carroll has filed against Trump, but it is the first to have sought to hold him liable for battery for allegedly raping Carroll in the dressing room of a New York department store in the mid-1990s. The lawsuit also alleges a new defamation allegation based on statements Trump made last month.

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

Trump’s latent sexual abuse hit Carol deeply, causing great pain and suffering, permanent psychological damage, loss of her dignity, and violation of her privacy. The lawsuit alleged that his latest defamatory statement only added to the harm Carroll had already suffered.

At a court hearing Tuesday for the earlier lawsuit, Trump’s attorney, Alina Heba, told Judge Louis Kaplan that she had not yet been appointed to represent Trump in the Adult Survivors Act lawsuit.

Kaplan noted that Trump has known this lawsuit “has been coming for months, and he better decide who represents him in it.”

In 2019, Carroll sued Trump for defamation after he denied sexual assault allegations against her, said he had never met Carroll, that she was not his type, and that she made up the story to increase sales of her new book.

In Thursday’s lawsuit, Carroll re-escalated those earlier statements and added a new one, from October 2022, when Trump said similar things about her as he was scheduled to sit testimony related to the 2019 lawsuit.

“I don’t know this woman, and have no idea who she is, other than it seems that she got a picture of me many years ago, with her husband, shaking hands with me on a reception line at a famous charity gala. New York, and within minutes, “fainted.”

“It’s a hoax and a lie, just like all the other hoaxes that have been played on me for the past seven years. And while I’m not supposed to say it, I will. This woman is not my type!” the post said.

Carroll’s 2019 defamation lawsuit against Trump is pending. Trump’s lawyers challenged the lawsuit, saying the Justice Department should be replaced as defendants because Trump as president has been answering reporters’ questions about Carroll’s allegations. The Ministry of Justice 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 data fell within the scope of his employment.

The D.C. appeals court has expedited the case and could rule early next year. If the court rules against Carroll, the case will likely be dismissed because the federal government cannot be sued for defamation.

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

Carroll’s attorneys previously asked Kaplan to combine the 2019 and 2022 proceeding into a single trial early next year. The judge said he will weigh in next week.

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