Elle advice columnist who accused Trump of rape files new upgraded lawsuit

A writer who accused former President Donald Trump of rape filed an upgraded lawsuit against him Thursday in New York, minutes after a new state law went into effect that allows victims of sexual violence to sue over assaults that date back decades. has passed.

E. Jean Carroll’s attorney filed legal papers electronically as the Adult Survivor’s Act temporarily waived the state’s usual deadlines for sexual assault lawsuits. He is seeking unspecified compensation and punitive damages for pain and suffering, psychological harm, loss of dignity and damage to reputation.

Carroll, one longtime advice columnist for Elle magazine, first made the claim in a 2019 book, alleging that Trump raped her in the dressing room of a luxury department store in Manhattan in 1995 or 1996.

Trump responded to the allegations in the book by saying it will never happen because Carroll is “not my type.”

His words led to Carroll file a defamation case against him, but that case is tied up in the appeals courts while judges decide whether he is protected from legal claims for comments made while he was president.

Previously, Carroll was barred by state law from suing for the alleged rape because so many years had passed since the incident.

New York’s new law, however, gives sex crime victims who missed deadlines related to the statute of limitations a second chance to file a lawsuit. A window for such suits will be open for one year, after which the usual time limits will be reinstated.

At least hundreds of cases are expectedincluding many filed by women who say they were assaulted by co-workers, prison guards, medical providers or others.

In his new claims, Carroll maintains that Trump committed battery “when he forcibly raped and groped her” and that he humiliated her when he denied raping her last month.

Trump said in his statement that Carroll “totally made up a story that I met him at the doors of this crowded New York City Department Store and, within minutes, he was ‘enthralled’. This is a Scam and a lie, just like all the other Scams that have been played on me for the past seven years.

Carroll’s new ability to sue Trump for rape will help him deal with a potentially fatal legal flaw in his original defamation case.

If the courts ultimately believe that Trump’s original sarcastic comments about Carroll’s rape allegation were about his job duties, as president, he can’t sue him for those remarks, because employees of federally protected from defamation claims. No such protection can cover the things he did before becoming president.

Judge Lewis A. Kaplan, who presided over the defamation case filed by Carroll three years ago, may decide to include the new claims in a trial likely in the spring.

Trump’s current lawyers said this week that they don’t know yet whether they will represent him against the new allegations.

Carroll’s attorney Roberta Kaplan, who is not related to the judge, said at a court hearing this week that the new claims should not require much additional evidence gathering. He had already attached a copy of the new claims to the original case file last week. Trump and Carroll have also been fired.

In a statement about the new case, Kaplan said his client “is seeking to hold Donald Trump accountable not only for defaming her, but also for sexually assaulting her, which he did years ago in a dressing room at Bergdorf Goodman.”

“Thanksgiving is the earliest day that Ms. Carroll can file under New York law so our complaint was filed in court after midnight,” he added.

Attorney Michael Madaio, a lawyer for Trump, said at the hearing that the new allegations are very different than the original defamation case and require “a new set” of evidence collection.

A lawyer for Trump did not respond to a message seeking comment Wednesday. Another message seeking comment was sent to the attorney after the lawsuit was filed less than 10 minutes into the new day.

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