Three years ago, E. Jean Carroll came forward alleging Donald J. Trump raped her in the mid-1990s in a department store dressing room.
Trump, who was president at the time, denied the allegations and called her a liar. Carroll’s first lawsuit was dismissed after Trump and the Justice Department argued that he made his comments in his official capacity as president which legally meant the case had to be dismissed.
But now that he is no longer in office, Carroll can sue him again for defamation. On Thursday, her lawyer said in a court filing that she would bring a new defamation lawsuit against Mr. Trump. Carroll will file the suit based on statements Trump made in October on social media, in which he accused Carroll of lying, and labeled her case “a complete con job.”
The lawsuit will also include a claim of battery against the former president under the Adult Survivors Act, which is a new state law that allows adult victims of sexual assault a one-time window to file civil lawsuits despite the statute of limitations, the New York Times reported.
Carroll’s lawyer, Roberta A. Kaplan, said the new lawsuit will be filed in the Federal District Court in Manhattan. on Nov. 24, which is the start of the period that the new act allows suits to be filed.
Kaplan requested her clients’s new suit be tried with her original 2019 case and that the trial be held on April 10.
Alina Habba, a lawyer for Trump, responded to Kaplan’s statements, saying, “Typical gamesmanship from Roberta Kaplan. This filing is completely inappropriate and we will take up this issue with the court.”
Carroll, a longtime advice columnist for Elle magazine, said in a 2019 book and excerpt in New York magazine claimed Trump raped her after they met each other at Bergdorf Goodman. She alleges that he threw her against a wall, pulled down her tights, opened his pants, and forced himself upon her.
However, Trump said Carroll was “totally lying,” and claimed he never met her. He also denied the assault and that he could not have raped her because she was not his “type.”