NY (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 fresh NY law letting sexual assault victims sue over attacks that happened decades ago.
An attorney for the columnist, E. Jean Carroll, notified a federal judge of her intent to sue within an August letter entered in the general 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 contrary to the former president. The deposition would need to occur by Oct. 19, when discovery in the event should be completed for a well planned February trial.
Trumps attorney, Alina Habba, didn’t immediately react to a obtain comment. Within an Aug. 11 letter to the court that has been also posted in the general public file Tuesday, she objected to the brand new lawsuit.
Habba wrote that letting Carroll file the brand new claim now will be extraordinarily prejudicial to Trump, given the looming trial deadlines in the defamation case.
Allowing Plaintiff to drastically alter the scope and subject material of the case at such time would severely prejudice Defendants rights. Therefore, Plaintiffs request should 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 throughout a chance encounter at a Bergdorf Goodman store in the mid-1990s. Trump denied it and questioned Carrolls credibility and motivations.
As the alleged attack happened such a long time 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, NY lawmakers passed the Adult Survivors Act, which gives a one-year look back that allows adult survivors of sexual attacks to create civil claims if they otherwise will be barred.
Regulations, signed by Gov. Kathy Hochul in-may, was modeled following the Child Victims Act, which provided an identical window to create lawsuits for those who have been sexually assaulted if they were children. That law expired this past year.
A deposition would require Trump to answer questions from Carrolls lawyers under oath about her allegations. Carrolls legal team in February had said these were ready to skip a deposition to get the lawsuit to trial quicker. Kaplan, in her letter to the court, said she now had a need to question Trump because his lawyers had turned over so few documents highly relevant to the case.
In her letter to the court, Habba made no reference to the plans to depose Trump, but she did complain that Kaplans letter was filled up with misrepresentations and inflammatory statements.