Former Elle columnist E. Jean Carroll sued former President Donald Trump for the second time on Thursday, alleging defamation and assault under a new law in New York that allows adult victims to sexual assaults to file complaints that would otherwise be prohibited by the passage of time.
New York’s Adult Survivors Act, which went into effect on Thanksgiving Day, opens a one-year window for adult victims to file claims.
Carroll previously sued Trump for defamation over statements he made in 2019 when he denied his claim that he raped her in Bergdorf Goodman’s locker room in the 1990s. His new lawsuit alleged a second claim for defamation following statements made by Trump last month.
She has also alleged assault and battery as she seeks to hold him responsible for the sexual assault which he has long denied.
“Trump’s underlying sexual assault gravely injured Carroll, causing significant pain and suffering, lasting psychological damage, loss of dignity and invasion of his privacy. His recent defamatory statement only add to the harm that Carroll had already suffered,” the lawsuit said.
Trump called Carroll’s claim a “hoax and a lie” in a post last month on his Truth Social social media platform. “And even though I’m not supposed to say it, I will. This woman is not my type! the post added.
“Trump’s October 12 false, insulting, and defamatory statement about Carroll — and his actual malice in making that statement — is fully consistent with his proven playbook for responding to credible public reports that he sexually assaulted people. women,” the lawsuit said. .
Carroll’s attorney, Roberta Kaplan, asked the judge in charge of the first trial to treat the second as a related case.
Carroll’s first trial is pending the outcome of a January proceeding in the DC Court of Appeals.
Trump argued that the Justice Department should be replaced as a defendant in the case because, at the time of his allegedly defamatory statements, he was a federal government employee, who cannot be sued for defamation.
The Washington, D.C. Court of Appeals, which retains jurisdiction over the conduct of federal government employees, has scheduled oral arguments for January to decide whether Trump was acting in his official capacity as president when he denied the rape allegation. of Carroll and defamed her. If so, the case would disappear.