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Despite the former U.S. president’s attorney describing the lawsuit as “extraordinarily biassed,” a writer who first accused Donald Trump of raping her more than 25 years ago intends to file a fresh one.
The former Elle magazine journalist E. Jean Carroll plans to sue Donald Trump for abuse and intentional infliction of emotional distress under the Adult Survivors Act of New York state, according to a letter from her attorney made public on Tuesday.
This bill, which Governor Kathy Hochul of New York recently approved, offers adult accusers a one-year window to file civil lawsuits over alleged sexual assault, regardless of when it allegedly took place.
In a Midtown Manhattan changing room at the Bergdorf Goodman department store, Carroll claims that Trump raped her in late 1995 or early 1996.
Carroll has been accused of fabricating the rape accusation in order to promote her book, which Trump has denied doing.
The allegations and Carroll’s current defamation action against Trump might be prosecuted together in February 2023, according to Carroll’s attorney Roberta Kaplan, who also stated that her client wants to sue Trump on November 24 when the state legislation goes into force.
It would seriously impair the defendant’s rights to let the plaintiff significantly alter the scope and subject matter of this action at this point, according to Habba. “Plaintiff’s request must be completely ignored,” the court said.
DEPOSITION NEEDED
Kaplan added that, despite having declared in February that a deposition wouldn’t be necessary, she now wants Trump to provide testimony while being sworn in at a deposition in order to better grasp his “theory of the case.”
For the record, the defendant’s deposition need not be very long, Kaplan added.
Habba’s letter is dated August 11, but Kaplan’s is dated August 8. Tuesday afternoon saw their release. The lawsuit is being handled by U.S. District Judge Lewis Kaplan.
Trump is the subject of numerous lawsuits and investigations, including those concerning his attempts to rig the 2020 US presidential election and his unwillingness to turn over certain papers.
During a deposition by Letitia James, the attorney general of New York, who is conducting a civil investigation into the business practises of his eponymous Trump Organization, in August, Trump invoked his constitutional protection against self-incrimination more than 400 times.
Carroll’s defamation case may or may not move forward, depending on the outcome of the federal appeals court in Manhattan, which Trump and Carroll are now awaiting.
Carroll filed a lawsuit in November 2019 after Trump, who was then in his third year in office, told a reporter that Carroll made up the rape accusation and that he did not know her and “she’s not my type.” Carroll also claimed that Trump did not know her.
Trump has maintained that a federal law that exempts government personnel from defamation charges insulated him from the case.
Both parties argued their appeals on December 3rd.
Carroll’s attorneys have stated that they would like to obtain a DNA sample from Trump to compare to a dress Carroll claimed to have worn during the alleged rape.
