E. Jean Carroll's case continues against Trump

[GMDino]

https://www.bloomberg.com/news/articles/2023-01-13/trump-must-face-rape-accuser-s-battery-suit-judge-rules

Quote:Trump’s Attack on NY Sexual Assault Law Called ‘Absurd’ By Judge

• Judge rejected Trump claim that NY law was unconstitutional
• A lawyer for Trump said he would immediately appeal the ruling
  

Donald TrumpPhotographer: Al Drago/Bloomberg
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Erik Larson

January 13, 2023 at 12:32 PM ESTUpdated onJanuary 13, 2023 at 2:44 PM EST
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Former President Donald Trump’s argument that a New York law allowing older sex-assault claims violated his constitutional rights was rejected by a judge as “absurd.”


US District Judge Lewis Kaplan in Manhattan on Friday denied Trump’s motion to dismiss a lawsuit filed under the new law in November by former Elle magazine advice columnist E. Jean Carroll, who alleges Trump raped her more than two decades ago.

Trump was one of the first people sued under New York’s Adult Survivors Act, which temporarily lifts the statute of limitations on sexual-assault claims. He argued the law violates the state constitution by depriving him of his due process rights. 

The former president also claimed the state legislature failed to properly identify a specific injustice, as required when passing a law reviving once-outdated legal claims. Kaplan blasted that argument.

“To suggest that the ASA violates the state Due Process Clause because the legislature supposedly did not describe that injustice to the defendant’s entire satisfaction in a particular paragraph of a particular type of legislative document – itself a dubious premise – is absurd,” Kaplan said.

Carroll went public in 2019 with her claim that Trump raped her in the 1990s in a dressing room of the Bergdorf Goodman department store. Trump, then president, publicly accused her of fabricating the attack to sell a book and said she wasn’t his “type.” Carroll responded by filing a defamation suit, which is set to go to trial in April if an ongoing appeal by the former president fails.

Carroll is seeking merge the new case with the earlier case before trial.

“While we are disappointed with the Court’s decision, we intend to immediately appeal the order and continue to advocate for our client’s constitutionally protected rights,” Trump’s attorney Alina Habba said in an emailed statement.

Read More: Trump Says He Maligned Rape Accuser to Maintain Americans’ Trust

The Adult Suvivors Act, which went into effect in November, lifts the statute of limitation for one year, opening the door for people to sue over alleged sexual assault or abuse that may have happened decades earlier. Trump and others have argued the law is unfair to defendants because evidence and witnesses may be too old to be reliable.

Kaplan’s ruling on Friday said Trump was incorrect to argue that the law was undermined by the ability of adult victims of abuse to file lawsuits much sooner.
“The elected branches of the New York State government have determined that many such victims are unable to do so, sometimes for long periods of time,” the judge said. “They are prevented by suppression of awful memories or deterred by fear and a ‘culture of silence’ – just as Ms. Carroll claims she was dissuaded from reporting or suing Mr. Trump.”

In her deposition, parts of which were made public in court filings, Carroll criticized the tendency of people to question why victims didn’t come forward sooner.

Kaplan also allowed Carroll to move ahead with a second defamation claim against Trump as part of her sexual-assault suit. That claim is based on an October social media post in which he repeated his denials and attacks on Carroll’s character. 

“We are pleased though not surprised that Judge Kaplan denied Donald Trump’s motion to dismiss and upheld the constitutionality of New York’s Adult Survivors Act,” said Carroll’s attorney, Roberta Kaplan, who is not related to the judge. “We look forward to trial in April.”

In the wake of the #MeToo movement, New York’s statute of limitations on sexual-assault claims was raised to 20 years from just one year in 2019, but the change wasn’t retroactive. The Adult Survivors Act was intended to fill the gap by creating a window for victims to file civil suits no matter how old their claims may be. 

The case is Carroll v. Trump, 20-cv-07311, US District Court, Southern District of New York (Manhattan).

(Updates with detail from the judge’s ruling.)

[GMDino]

Secondly his dispostion was made public...and surprise, he doesn't look good.  Or smart.

https://www.businessinsider.com/trump-claimed-carroll-rape-sexy-unsealed-deposition-2023-1?op=1

Quote:Trump claimed woman who accused him of sexual assault in a luxury department store said 'rape was sexy' and 'indicated that she loved it'
Alia Shoaib 
Jan 14, 2023, 6:29 AM









E. Jean Carroll (left) and former President Donald Trump (right). Getty/Getty

• In an October 2022 deposition, Donald Trump claimed that E. Jean Carroll said "rape was sexy." 
• Trump was misrepresenting comments Carroll made about why she doesn't like to use the word rape in a 2019 interview.
• Carroll, who has accused Trump of sexual assault, is suing him for defamation after he said she was lying.
  

Former President Donald Trump claimed that E. Jean Carroll, who has accused him of sexual assault, said that "rape was sexy" and "indicated that she loved it" when he was deposed in connection to her defamation lawsuit in October.


Judge Lewis A. Kaplan unsealed a portion of Trump's deposition on Friday after his lawyers lost a bid to keep them private. 
Carroll, the longtime advice columnist for Elle magazine, is suing Trump for defamation after he said she made up a rape allegation about him to sell her memoir. He denies having had any sexual contact with her.

In the October deposition, Trump misrepresented comments Carroll made about the allegation in an interview with CNN's Anderson Cooper.

"She actually indicated that she loved it. Okay? She loved it until the commercial break. In fact, I think she said it was sexy, didn't she? She said it was very sexy to be raped," Trump said.

Carroll's attorney Roberta Kaplan then asked the former president: "So, sir, I just want to confirm: It's your testimony that E. Jean Carroll said that she loved being sexually assaulted by you?"

He responded: "Well, based on her interview with Anderson Cooper, I believe that's what took place."

Trump repeated the claim that Carroll described rape as sexy several times and suggested that Cooper was in a "panic" over her comments, so he called for a commercial break.

In the 2019 interview, Carroll told Cooper that she did not like to use the word rape because it "carries so many sexual connotations" and that "most people think of rape as being sexy" and "think of the fantasies."

By comparison, she said that her encounter with the former president "was not sexual. It just hurt."

Carroll accused Trump of raping her in an article for New York Magazine in June 2019. She claimed he assaulted her in a dressing room of Bergdorf Goodman, a luxury Fifth Avenue department store, in the mid-1990s. 

Trump strongly refuted the claim, and in response, Carroll sued him for defamation, claiming that his calling her a liar negatively impacted her reputation and career. 

During Trump's often combative deposition, carried out on October 19, 2022, at Mar-a-Lago, the former president called Carroll's lawyer a "political operative" and "a disgrace" and threatened to sue her.

If you are a survivor of sexual assault, you can call the National Sexual Assault Hotline (1-800-656-4673) or visit its website to receive confidential support.

[Dill]

(01-15-2023, 08:30 PM)GMDino Wrote: Secondly his dispostion was made public...and surprise, he doesn't look good.  Or smart.

https://www.businessinsider.com/trump-claimed-carroll-rape-sexy-unsealed-deposition-2023-1?op=1

"She actually indicated that she loved it. Okay? She loved it until the commercial break. In fact, I think she said it was sexy, didn't she? She said it was very sexy to be raped," Trump said.

How could she "love it" if she weren't Trump's type?

I've often read about how rape victims are treated--the fact of rape is denied, or sexual intercourse did occur but was "consensual."

Trump is educating the nation about this problem, I'd say, by performing it very publicly.

[*Nately120*]

This seems like pure parody, but Trump apparently had the "I didn't do it, because she's not my type" defense, but was later shown a photo of the accuser and misidentified her as Marla Maples; someone you would assume is his type since he married her. Anywho, it's a moot point because his defense of "not my type" doesn't hold water, but that does add some extra stupid to the whole thing.



https://nypost.com/2023/01/19/trump-confused-photo-of-rape-accuser-e-jean-carroll-for-his-ex-wife-marla-maples-during-deposition/

[GMDino]

(01-21-2023, 01:26 PM)Dill Wrote: How could she "love it" if she weren't Trump's type?

I've often read about how rape victims are treated--the fact of rape is denied, or sexual intercourse did occur but was "consensual."

Trump is educating the nation about this problem, I'd say, by performing it very publicly.

Well, obviously, because it was Trump.  He's the best at everything.  Even sexual assault it seems. 

[*Nately120*]

(01-21-2023, 03:27 PM)GMDino Wrote: Well, obviously, because it was Trump.  He's the best at everything.  Even sexual assault it seems. 

Trump's defense is straight out of the playbook of someone who has lived such a privileged life that he's never actually had to put effort into devising a compelling argument.