Photo: MANDEL NGAN/AFP/Getty Images
Federal Judge Lewis Kaplan denied former President Donald Trump’s motion to dismiss a civil lawsuit filed by Elizabeth Jean Carroll, who accuses him of allegedly raping her. in the changing rooms of a luxury department store in Manhattan, in 1995 or 1996.
Taking advantage of the entry into force of the Adult Survivors Act (ASA), which allows victims of sexual violence to sue for attacks that occurred decades ago, lThe journalist has been demanding compensation for alleged damages, loss of dignity and damage to reputation since last November.
However, Trump denied the accusation and even claimed not to even know her.
“No pictures? Without surveillance? no video? No reports? No sales assistants around? People should pay a high price for such false accusations”, have been recurring statements by the former president of the nation in various spaces of the press for weeks.
Thus, Through his team of lawyers, the 76-year-old New York tycoon intended to dismiss the lawsuit against him based on the reasoning that the law violates due process provisions. of the state constitution and is therefore unconstitutional.
However, after analyzing the arguments of both parties, Justice Kaplan ruled that the law authorizing Elizabeth Jean Carroll to sue is permitted under the New York Constitution, giving alleged victims a one-year window to file complaints over past allegations of sexual misconduct that have passed the statute of limitations.
“Those who have been denied justice as a result of New York’s previously inadequate statutes of limitations should be given the opportunity to seek civil relief against their abuser or their abuser’s enablers in a court of law,” the judge quoted. .
A federal judge on Friday rejected Donald Trump’s effort to dismiss a lawsuit in which the writer E. Jean Carroll accuses Trump of raping her in a dressing room at a Fifth Avenue department store in the mid-1990s. https://t.co/zxqgx4lSM1
— The New York Times (@nytimes) January 14, 2023
Kaplan also noted that the state legislature almost unanimously passed legislation to remedy what he considered an injustice, and Trump failed to demonstrate any compelling reason why this legislation is not within the authority of the state government.
“Mr. Trump has offered no meritorious reason for rejecting the one-year reinstatement period in the ASA as unreasonable. when all courts have accepted as reasonable the nearly identical two-year reinstatement period in the Child Victims Act to consider it,” the magistrate noted.
In this regard, Alina Habba, Trump’s lawyer, issued a statement through which she assured that her legal team plans to appeal in defense of her client’s constitutional rights.
“While we are disappointed with the Court’s decision, we intend to appeal the order immediately and continue to defend our client’s constitutionally protected rights“, quotes part of the letter.
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