Former magazine columnist E. Jean Carroll is suing former President Donald Trump for assault and defamation under a new New York law that allows adults who accuse sexual assault to file claims years after the attack.
Carroll filed the lawsuit Thursday, the first day of civil lawsuits under a new law, the Adult Survivors Act, which gives adults a year to file a claim.
The lawsuit is the second Carroll has filed against Trump, but the first to seek to pursue Batteries, who allegedly raped Carroll in a New York department store dressing room in the mid-1990s. The suit also brings a new libel charge based on a statement Trump made last month.
Carroll asked the judge to order Trump to retract his defamatory remarks and award compensatory, punitive and exemplary damages, the amount of which will be determined at trial.
“Trump’s potential sexual assault has seriously injured Carroll, causing tremendous pain and suffering, lasting psychological harm, loss of dignity, and invasion of her privacy. His recent defamatory remarks only add to Carroll’s Injuries already suffered,” the lawsuit said.
During a hearing on the lawsuit earlier Tuesday, Trump’s attorney, Alina Haba, told Judge Lewis Kaplan that she had not been hired to represent Trump in the Adult Survivor Act lawsuit.
Kaplan noted that Trump knew the lawsuit “has been coming for months, and he better decide who will represent him.”
In 2019, Carroll sued Trump for defamation after Trump denied her sexual assault allegations, saying he had never met Carroll, that she was not his type and that she made up the story to enhance her Sales of new books.
In Thursday’s lawsuit, Carroll reiterated previous statements from October 2022 and added a new one, when Trump said something similar to her as she prepared to testify in relation to the 2019 lawsuit. if.
“I don’t know this woman, don’t know who she is, except she seems to have taken a picture of me and her husband years ago, shaking my hand in the reception line at a celebrity charity event. She totally made up a story that I was in Met her at the door of this crowded New York City department store and ‘smitten’ her within minutes,” Trump wrote on his social media platform Truth Social.
“This is a con and a lie, like every other con that has been played on me over the past seven years. And, while I shouldn’t say it, I will. This woman is not my type!” the post said.
Responding to the filing Thursday, Harba said, “While I respect and admire individuals who have come forward, this case unfortunately misuses the purpose of the Act by creating a terrible precedent at the risk of making actual victims credibility at the risk of losing legitimacy.”
Carroll’s 2019 defamation lawsuit against Trump is pending. Trump’s lawyers challenged the lawsuit, saying the Justice Department should be replaced as a defendant because Trump, as president, was answering reporters’ questions about Carroll’s allegations. The Justice Department agreed.
Kaplan ruled in Carroll’s favor, but Trump and the Justice Department appealed. A New York federal appeals court ruled that Trump was a federal employee at the time, but asked a Washington, D.C., appeals court to determine whether the statements fell within the scope of his job.
The District of Columbia Court of Appeals has expedited the case and could issue a ruling early next year. If the court rules against Carroll, the case could be dismissed because the federal government cannot be sued for defamation.
If the 2019 case is dismissed, the defamation charges in 2022 will not be affected because Trump was not a federal employee when he made the new statement last month.
Carroll’s attorneys had previously asked Kaplan to combine the 2019 and 2022 lawsuits into one trial early next year. The judge said he would weigh in next week.