Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Judge rejects Donald Trump’s ‘absurd’ bid to throw out E Jean Carroll sexual assault lawsuit

E Jean Carroll is suing the former president for sexual assault and defamation

Bevan Hurley
Friday 13 January 2023 17:06 EST
Comments
Donald Trump
Donald Trump (Associated Press)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A judge has thrown out an attempt by Donald Trump to have a sexual assault lawsuit brought by E. Jean Carroll dismissed.

Ms Carroll accused the former president in 2019 of raping her in a department store in New York in the mid-1990s. She filed a lawsuit last year after New York enacted the Adult Survivors Act (ASA), which allows victims of sexual assault to sue for decades-old offences.

Mr Trump had asked for the sexual assault lawsuit accusing him of battery and defamation to be dismissed, claiming he had been denied due process.

On Friday, Judge Lewis Kaplan said in a decision denying the motion that Mr Trump’s argument was “absurd”.

“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,” Judge Kaplan wrote. 

He said the New York State Legislature had long recognised the problem of a “culture of silence and the existence of comparatively short limitations periods for bringing civil and criminal actions for sexual assaults and other sexual offenses”.

Ms Carroll, a longtime Elle columnist, first raised the sexual assault allegation publicly in her 2019 book. She wrote that she the attack had occurred during a chance encounter with Mr Trump at an upscale Manhattan.

When Mr Trump responded dismissively to her allegations, saying she was “not his type”, she filed a defamation suit against him.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in