25 November 2022

Rape Crime Trial on The Docket for The Donald

 



lawandcrime.com

E. Jean Carroll Files Long-Anticipated Lawsuit Accusing Trump of Rape, as New York’s Adult Survivors Act Goes into Effect

adam-klasfeld
5 - 6 minutes

E. Jean Carroll and Donald Trump

E. Jean Carroll and Donald Trump [Images via Astrid Stawiarz/Getty Images for Glamour, MANDEL NGAN/AFP via Getty Images]

Just as her attorneys promised for months, attorneys for E. Jean Carroll spent the Thanksgiving holiday filing their long-threatened lawsuit accusing former President Donald Trump of rape.

The famed columnist previously leveled those allegations indirectly in the form of a defamation lawsuit, targeting Trump’s denials that he sexually assaulted her in the dressing room of a Bergdorf Goodman in the 1990s. Such claims had long been barred under the statute of limitations, but New York lawmakers removed that hurdle with the passage of the Adult Survivors Act, which went into effect on Thursday.

“The ‘Music Had Stopped'”

In her new lawsuit, Carroll claims that the alleged rape caused her lasting trauma.

“As a result of the pain and suffering caused by Trump’s sexual assault, Carroll has not been able to sustain a romantic relationship since the day Trump raped her,” her lawyer Roberta Kaplan wrote in the lawsuit. “Nor has she engaged in sex with anyone since that time. Carroll has had difficulty trusting men and cannot maintain an intimate relationship. In Carroll’s own words the ‘music had stopped’ and the ‘light had gone out’ after Trump attacked her at Bergdorf’s.”

The lawsuit alleges that Trump’s conduct met the standard of six crimes under New York’s penal code, including rape in the first degree, rape in the third degree, sexual abuse in the first degree, sexual abuse in the third degree, sexual misconduct, and forcible touching.

Carroll says that she stayed silent for two decades in part because society views sexual assault victims as “‘spoiled goods’ and she resented the fact that practically every woman who courageously came forward with their stories of abuse was subjected to questions like ‘why didn’t you scream’ and ‘why didn’t you come forward immediately.'”

Under the first count of sexual battery, the complaint alleges: “Trump intentionally, and without her consent, attacked Carroll to satisfy his own sexual desires. Trump’s physical contact with Carroll was offensive and wrongful under all the circumstances. Trump continued to attack and rape Carroll despite her attempts to fight against him.”

An earlier version of the lawsuit accused Trump of defaming Carroll to reporters when he was president of the United States, sparking a protracted legal battle over whether he could claim immunity under the Westfall Act.

“The Crosshairs of One of the Most Powerful Men on the Planet”

The new lawsuit obviates this issue by focusing on Trump’s attack on Carroll that he posted on his platform Truth Social in October, long after his presidency.

“This woman is not my type!” Trump wrote in his attack, following up his 406-word statement appended with Carroll’s picture. . ." READ MORE 



Top stories

 

www.aljazeera.com

US writer who accused Trump of rape files battery lawsuit


 

Al Jazeera
5 - 6 minutes

E Jean Carroll files charges of battery and defamation against Donald Trump for an alleged rape about 27 years ago.

A writer who accused former US President Donald Trump of rape has filed a second lawsuit against him minutes after a new New York State law took effect allowing victims of sexual violence to sue over attacks that occurred decades ago.

E Jean Carroll’s complaint, filed in a New York City federal court, accuses Trump of battery, “when he forcibly raped and groped her” and of defamation, citing an October post on his Truth Social platform where he denied the alleged rape.

Carroll sought unspecified compensatory and punitive damages for pain and suffering, psychological harms, loss of dignity and damage to her reputation.

A longtime advice columnist for Elle magazine, Carroll had first made the claim of sexual assault in a 2019 book, saying Trump raped her in the dressing room of a Manhattan luxury department store in 1995 or 1996.

She brought the battery claim under New York’s Adult Survivors Act, a new law giving sexual assault victims a one-year window to sue their alleged abusers, even if the abuse occurred long ago and statutes of limitations have expired.

Former US President Donald Trump at a rally in October
Former US President Donald Trump has called E Jean Carroll’s allegations of rape a ‘hoax’; she is suing for battery and defamation [File: Jose Luis Villegas/ AP Photo]

Thursday, November 24 – Thanksgiving Day and a national holiday in the United States – was the first day that accusers could sue. Her lawyer filed the legal papers electronically in the first moments of the day.

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

His first denial in June 2019 prompted her to sue for defamation five months later, but that lawsuit has been tied up in appeals courts as judges decide whether Trump is protected from legal claims for comments made while he was president.

He repeated the denial in an October 12 post on his Truth Social account, calling Carroll’s claim a “Hoax” and “lie,” prompting the new defamation claim.

Trump said in his statement that Carroll “completely made up a story that I met her at the doors of this crowded New York City Department Store and, within minutes, ‘swooned’ her. It is a Hoax and a lie, just like all the other Hoaxes that have been played on me for the past seven years.”

No comments: