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E. Jean Carroll sues Trump for battery and defamation as lookback window for grownup intercourse abuse survivors’ fits opens in New York

CNN  — 

Ex-magazine columnist E. Jean Carroll sued former President Donald Trump for battery and defamation underneath a brand new New York legislation that permits adults alleging sexual assault to convey claims years after the assault.

Carroll filed the lawsuit Thursday, the primary day that civil lawsuits could be introduced underneath the brand new legislation, the Grownup Survivors Act, which supplies adults a one-year window to file a declare.

The lawsuit is the second Carroll has introduced in opposition to Trump, however the first to hunt to carry him accountable for battery for allegedly raping Carroll within the dressing room of a New York division retailer within the mid-1990s. The lawsuit additionally alleges a brand new defamation declare primarily based on statements Trump made final month.

Carroll is asking a decide to order Trump to retract his defamatory statements and award compensatory, punitive and exemplary damages in an quantity to be decided at trial.

“Trump’s underlying sexual assault severely injured Carroll, inflicting vital ache and struggling, lasting psychological harms, lack of dignity, and invasion of her privateness. His current defamatory assertion has solely added to the hurt that Carroll had already suffered,” the lawsuit alleges.

At a court docket listening to Tuesday for the sooner lawsuit, Trump legal professional Alina Habba advised Decide Lewis Kaplan she had not but been retained to signify Trump within the Grownup Survivors Act lawsuit.

Kaplan famous that Trump has recognized this lawsuit was “coming for months and he can be effectively suggested to resolve who’s representing him in it.”

In 2019, Carroll sued Trump for defamation after he denied her sexual assault allegation, stated he by no means met Carroll, that she wasn’t his sort, and that she made up the story to spice up gross sales of her new guide.

In Thursday’s lawsuit Carroll re-upped these earlier statements and added a brand new one, from October 2022, when Trump stated comparable issues about her as he was set to sit down for a deposition associated to the 2019 lawsuit.

“I don’t know this girl, don’t know who she is, aside from it appears she received an image of me a few years in the past, together with her husband, shaking my hand on a reception line at a star charity occasion. She utterly made up a narrative that I met her on the doorways of this crowded New York Metropolis Division Retailer and, inside minutes, ‘swooned’ her,” Trump posted on his social media platform Reality Social.

“It’s a Hoax and a lie, similar to all the opposite Hoaxes which were performed on me for the previous seven years. And, whereas I’m not presupposed to say it, I’ll. This girl just isn’t my sort!” the submit stated.

Habba responding to the submitting Thursday, saying, “Whereas I respect and admire people that come ahead, this case is sadly an abuse of the aim of this Act which creates a horrible precedent working the danger of delegitimizing credibility of precise victims.”

Carroll’s 2019 defamation lawsuit in opposition to Trump has been hanging within the steadiness. Trump’s attorneys challenged the lawsuit saying the Justice Division ought to be substituted because the defendants since Trump, as president, was answering reporters’ questions on Carroll’s allegations. The Justice Division agreed.

Kaplan dominated in favor of Carroll, however Trump and the Justice Division appealed. A federal appeals court docket in New York dominated that Trump was a federal worker on the time however requested a Washington, DC, appeals court docket to find out whether or not the statements fell inside the scope of his employment.

The DC appeals court docket has expedited the case and will resolve early subsequent yr. If the court docket guidelines in opposition to Carroll, the case will seemingly be dismissed as a result of the federal authorities can’t be sued for defamation.

If the 2019 case is dismissed, the defamation claims from 2022 wouldn’t be impacted since Trump was not a federal worker final month when he made the brand new statements.

Carroll’s attorneys beforehand requested Kaplan to mix the 2019 and 2022 motion into one trial early subsequent yr. The decide stated he would weigh in subsequent week.

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