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US Writer Sues Trump for Defamation, Battery

    US Writer Sues Trump for Defamation, Battery
    Last updated Nov 25, 2022
    Image credit: Reuters [via Dawn]

    Facts

    • Donald Trump is facing a second lawsuit from US writer E. Jean Carroll, who is filing charges of battery and defamation against the former president. She alleges he sexually assaulted her 27 years ago, which he denies.[1]
    • According to Carroll's complaint, Trump assaulted her in a dressing room of a luxury department store in Manhattan in 1995 or 1996. The allegation was first made in a book published in 2019, but due to the introduction of a new law known as the "Adult Survivors Act," she is now suing him for battery over the alleged incident.[2]
    • The new legislation was signed into law by Gov. Kathy Hochul back in May, and allows victims of historic cases of sexual abuse and assault a one-year window in which to sue their alleged abusers, even if the incidents would normally fall outside of the statute of limitations.[3]
    • Hochul's law was modeled on the Child Abuse Act — also a piece of New York legislation — which introduced a similar exception for victims who were abused under the age of 18.[4]
    • Carroll, 78, has further claimed that the assault left her with lasting psychological harm and damaged her ability to maintain subsequent romantic relationships.[5]
    • Trump denied the claims when they were first published, saying that the incident could not have taken place as Carroll was: "not my type." His comments led the plaintiff to file a defamation suit against him, but it has since been tied up in appeals courts.[6]

    Spin

    Democratic narrative

    Carroll's case is reflective of the success of Hochul's Adult Survivors Act at providing an opportunity to victims of decades old sexual abuse to take legal action against their abusers. The New York courts are expecting an avalanche of lawsuits brought under the act which will be aimed at holding attackers — even if they be ex-Presidents — accountable for exploitation.

    Republican narrative

    While those working with sex abuse victims have defended the moral rationale behind the law, the Adult Survivors Act will only succeed in putting further pressure on already overstretched courts. The state's court system is currently inundated with additional cases numbering more than 5K brought under the Child Victims Act — the inevitable influx of suits this new law will prompt risks buckling the justice system. Hochul's legislation puts ideology above practicality.

    Nerd narrative

    There is a 68% chance that, if Donald Trump is disqualified from holding the presidency, that disqualification will be ruled unconstitutional before January 20, 2025, according to the Metaculus prediction community.

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