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Adult Survivors Act Paves Method for Woman Accusing Trump of Rape to Sue

E. Jean Carroll, a writer who has accused Donald Trump of sexually assaulting her and lying about any of it, is signaling she’ll sue the former president utilizing a new state law in NY designed to assist survivors of sex crimes.

Roberta Kaplan, Carroll’s attorney, said in a letter made public Tuesday that she designed to file a civil lawsuit against Trump under New York’s Adult Survivors Act (ASA), that allows survivors of sexual violence to sue their alleged abusers whatever the statute of limitations. The letter may be the latest in the legal jousting between Carroll and Trump, whose lawyer objected to the move as prejudicial.

Carroll, a former Elle magazine columnist, use the ASA to create a civil lawsuit against Trump, alleging battery and intentional infliction of emotional distress, Kaplan said in the letter. The lawsuit will undoubtedly be induced November 24, 2022, the soonest the brand new law allows, Kaplan said.

Signed into law in-may by Governor Kathy Hochul, the ASA gives survivors of sexual violence a “one-year lookback window” to sue their alleged abusers whatever the statute of limitations so when the incident occurred. The legislation was passed by NY lawmakers within a broader reckoning over accountability for sexual abusers, and Carroll indicated early she’d utilize the new law.

 E. Jean Carroll at Conference
E. Jean Carroll speaks onstage through the “How exactly to Write YOUR PERSONAL Life” panel at the 2019 Glamour Women Of THE ENTIRE YEAR Summit at Alice Tully Hall on November 10, 2019, in NEW YORK. An attorney for Carroll says she’ll bring a fresh lawsuit against former President Donald Trump centering on the allegation he sexually assaulted the writer decades ago. Ilya S. Savenok/Getty Images

Carroll, in her book excerpted in NY magazine in 2019, accused Trump of sexually assaulting her in the dressing room of the Bergdorf Goodman department store in NEW YORK over 2 decades ago.

Trump responded by calling Carroll “not my type” and saying she had fabricated the story. Carroll, subsequently, sued Trump for defamation in what’s become a continuing federal court case.

Kaplan’s letter announcing the ASA lawsuit against Trump was contained in a court filing for the defamation case. She wrote that it made sense to link both cases, “given the similarities.”

“The allegations in the ASA complaint will undoubtedly be nearly identical to allegations

already within (Carroll’s) existing defamation complaint since both cases have at their core exactly the same factual question: namely, did (Trump) sexually assault (Carroll) in a Bergdorf Goodman dressing room in the mid-1990s,” wrote Kaplan.

Kaplan also said Trump’s lawyers have delayed producing documents and giving an answer to her queries in the defamation case. Consequently, Kaplan said she’d seek a deposition from Trump.

Alina Habba, lawyer for Trump, responded with a letter calling Kaplan’s letter filled with “misrepresentations and inflammatory statements.” Habba wrote that she “adamantly objects” to linking the ASA lawsuit with the defamation case, saying the brand new legal action will be brought following the deadline for Trump’s legal team to create documents.

“Allowing Plaintiff to drastically alter the scope and subject material of the case at such time would severely prejudice Defendant’s rights,” wrote Habba.

Newsweek has already reached out to Kaplan for comment.

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