E. Jean Carroll: Thanks to New Law, I'm Suing Trump Again

Writer, who already has defamation suit against ex-president, will now file sexual battery complaint
By Arden Dier,  Newser Staff
Posted Sep 21, 2022 9:25 AM CDT
Trump Rape Accuser to Sue Under New Law
Columnist E. Jean Carroll leaves federal court on Feb. 22 in New York.   (AP Photo/Larry Neumeister)

(Newser) – E. Jean Carroll says she'll take advantage of New York's new Adult Survivors Act to file a sexual battery lawsuit against former President Donald Trump, whom she claims raped her in a Manhattan department store dressing room in late 1995 or early 1996. The former Elle magazine columnist plans to file the suit on Nov. 24, the day the act goes into effect, according to an Aug. 8 letter from her attorney, which was made public Tuesday. The new law gives adult accusers a one-year window in which to file civil lawsuits alleging sexual misconduct, regardless of when the alleged behavior occurred, reports CBS News.

Carroll attorney Roberta Kaplan suggested the suit alleging sexual battery and intentional infliction of emotional distress could be paired with Carroll's existing defamation suit against Trump. She also suggested a February trial date. In response, Trump lawyer Alina Habba said the former president "wholly and adamantly objects" to combining the cases, per the Guardian. "To permit plaintiff to drastically alter the scope and subject matter of this [defamation] case at such time would severely prejudice defendant's rights," she said, adding the new claims "would be extraordinarily prejudicial."

Carroll sued Trump for defamation in 2019 after he claimed she was "totally lying" about the rape claim and was "not my type." He's claimed his comments were protected, as he was acting in an official capacity as president to refute an allegation against him. A judge rejected that argument in October 2020, though an appeal is pending. In March, the judge overseeing the case accused Trump of dragging his feet. Kaplan wrote that Trump has "barely participated in the discovery process at all," which is why she now wants him to sit for a deposition, per CBS. She also wants him to submit a DNA sample to be compared to a dress Carroll says she was wearing during the alleged rape. (Read more E. Jean Carroll stories.)

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