AP

Trump rape accuser plans suit under new NY ‘survivors’ law

Sep 20, 2022, 4:19 PM | Updated: 4:36 pm

NEW YORK (AP) — A writer who accused former President Donald Trump of raping her in a department store dressing room intends to file another lawsuit against him under a new New York law letting sexual assault victims sue over attacks that happened decades ago.

A lawyer for the columnist, E. Jean Carroll, notified a federal judge of her intent to sue in an August letter entered in the public record Tuesday. The suit would allege sexual battery and intentional infliction of emotional distress.

In the letter, the lawyer, Roberta Kaplan, also said she plans to depose Trump in the defamation case that Carroll already had pending against the former president. The deposition would have to occur by Oct. 19, when discovery in the case must be completed for a planned February trial.

Trump’s attorney, Alina Habba, did not immediately respond to a request for comment. In an Aug. 11 letter to the court that was also posted in the public file Tuesday, she objected to the new lawsuit.

Habba wrote that letting Carroll file the new claim now “would be extraordinarily prejudicial” to Trump, given the looming trial deadlines in the defamation case.

“To permit Plaintiff to drastically alter the scope and subject matter of this case at such time would severely prejudice Defendant’s rights. Therefore, Plaintiff’s request must be disregarded in its entirety,” Habba said.

Kaplan declined to comment.

Carroll, a longtime advice columnist for Elle magazine, wrote in a 2019 book that Trump raped her during a chance encounter at a Bergdorf Goodman store in the mid-1990s. Trump denied it and questioned Carroll’s credibility and motivations.

Because the alleged attack happened so long ago, Carroll would ordinarily have missed legal deadlines to sue Trump. So she initially sued him instead for defamation, saying he smeared her reputation while denying the rape allegation.

Last spring, however, New York lawmakers passed the Adult Survivor’s Act, which provides a one-year “look back” that enables adult survivors of sexual attacks to bring civil claims when they otherwise would be barred.

The law, signed by Gov. Kathy Hochul in May, was modeled after the Child Victims Act, which provided a similar window to bring lawsuits for people who had been sexually assaulted when they were children. That law expired a year ago.

A deposition would require Trump to answer questions from Carroll’s lawyers under oath about her allegations. Carroll’s legal team in February had said they were willing to skip a deposition in order to get the lawsuit to trial more quickly. Kaplan, in her letter to the court, said she now needed to question Trump because his lawyers had turned over so few documents relevant to the case.

In her letter to the court, Habba made no mention of the plans to depose Trump, but she did complain that Kaplan’s letter was “filled with misrepresentations and inflammatory statements.”

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

The U.S. Supreme Court is seen, Thursday, Feb. 8, 2024, in Washington. The U.S. Supreme Court has h...

Associated Press

Supreme Court decision on Trump’s election status could come Monday morning

A SCOTUS decision could come Monday in the case about whether Trump can be kicked off the ballot over his efforts to undo his 2020 defeat.

1 day ago

Republican presidential candidate former UN Ambassador Nikki Haley poses for a selfie after speakin...

Associated Press

Nikki Haley wins D.C. Republican primary, her first 2024 victory

Nikki Haley has won the Republican primary in the District of Columbia, notching her first victory of the 2024 campaign.

1 day ago

An Apache group that has fought to protect land it considers sacred from a copper mining project in...

Associated Press

A US appeals court ruling could allow mine development in central Arizona on land sacred to Apaches

An Apache group that has fought to protect land from a copper mining project in central Arizona suffered a significant blow.

1 day ago

On Friday, March 1, 2024, the U.S. Food and Drug Administration said yogurt sold in the U.S. can ma...

Associated Press

Eating yogurt may reduce risk of type 2 diabetes, FDA says

Eating at least two cups of yogurt a week might reduce the risk of type 2 diabetes, the U.S. Food and Drug Administration said.

2 days ago

Arizona will not approve new housing construction on the fast-growing edges of metro Phoenix that r...

Associated Press

Arizona Senate passes plan to manage rural groundwater, but final success is uncertain

A plan to manage rural groundwater passed the Arizona Senate amid concerns about the availability of sufficient water for future generations.

3 days ago

A woman pauses while shopping at a Kohl's store in Clifton, N.J., Jan. 26, 2024. On Thursday, Feb. ...

Associated Press

Federal Reserve’s preferred inflation gauge picked up last month in sign of still-elevated prices

An inflation gauge favored by the Federal Reserve increased in January, the latest sign that the slowdown in U.S. consumer price increases is occurring unevenly from month to month.

4 days ago

Sponsored Articles

...

Midwestern University

Midwestern University Clinics: transforming health care in the valley

Midwestern University, long a fixture of comprehensive health care education in the West Valley, is also a recognized leader in community health care.

(KTAR News Graphic)...

Boys & Girls Clubs

KTAR launches online holiday auction benefitting Boys & Girls Clubs of the Valley

KTAR is teaming up with The Boys & Girls Clubs of the Valley for a holiday auction benefitting thousands of Valley kids.

...

Canvas Annuity

Interest rates may have peaked. Should you buy a CD, high-yield savings account, or a fixed annuity?

Interest rates are the highest they’ve been in decades, and it looks like the Fed has paused hikes. This may be the best time to lock in rates for long-term, low-risk financial products like fixed annuities.

Trump rape accuser plans suit under new NY ‘survivors’ law