I am headed straight to New York to sue her estate.
Posted on 01/14/2023 3:59:21 AM PST by fluorescence
A judge on Friday rejected as “absurd” Donald Trump’s attempt to dismiss a lawsuit from the writer E Jean Carroll, who alleges he raped her in a department store changing room in New York in the mid-1990s.
Carroll has sued Trump for defamation, for remarks while denying her allegation including that she was not his “type”.
But the lawsuit which the New York judge, Lewis Kaplan, refused to dismiss on Friday was brought against the former president under the Adult Survivors Act, a new state law which gives adults a one-year window to sue alleged attackers even if statutes of limitations have expired.
In his ruling in Manhattan, Kaplan said there was no merit to Trump’s argument that Carroll’s claim must be dismissed because the law denied him due process under the state constitution.
The judge also said state law did not require Carroll, a former Elle columnist, to prove she suffered an economic loss from Trump’s comments, as Trump had argued.
Alina Habba, a lawyer for Trump, said “we are disappointed with the court’s decision” and planned an immediate appeal.
Carroll’s lawyer, Roberta Kaplan, said “we are pleased though not surprised”.
Kaplan said Trump was “demonstrably incorrect” to claim the law was unconstitutional because lawmakers did not sufficiently explain why it was needed.
The judge said lawmakers passed the law to help sexual abuse victims who might have suppressed memories of their attacks, or like Carroll were deterred from suing out of fear.
“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,” Kaplan wrote.
(Excerpt) Read more at theguardian.com ...
sounds like ex-post facto violation
Guess we know whose side he’s on.
There are several good reasons that the "statute of limitations" exists as a legal principle.
Unless forensically relevant CCTV footage of the dressing room exists, it will be almost impossible to prove a corpus delicti, let alone that it was Trump who was involved.
Regards,
They mentally unbalanced psycho that was drunk and flirting with Manderson Pooper is still being taken seriously.
30 YEARS AGO??? Pretty sure there’s a statute of limitations.....isn’t there??
So this negates another law which still exists. Never heard of such a thing. That’s insane.
Oh the trauma.
ORANGE MAN BAD ! ( sarc.)
Who is paying the Plaintiffs legal fees? The DNC I bet. We have Statutes of Limitations for a reason.When the proof goes missing, then revenge makes up reality out of whole cloth. Interesting how those with TDR have never gotten over the successful election of Donald Trump. Anyone with TDR feels raped it seems. ORANGE MAN BAD ! ( sarc.) *******************************
A Clinton appointed, Democrat judge in the Southern District of NY called the dismissal attempt “absurd”.
They’ve been trying for 7 years to get the man. They’re not going to waste any opportunities and they’re getting desperate.
If I were a rapist (I am not) I sure as hell would not do my rapes in a department store dressing room where the victims screams could be heard by all near. This is harrasment of Trump and pure lies.
Jayne was stacked to the max.
She was also a clever commedian, but that’s not what people remember first.
A Bubba Clinton appointed stooge. This woman is a demented parrot that is clearly insane but yet a Democrat/communist “judge” mocks President Trump for trying to rid himself of this lunatic?
If it happened at all it was consensual. I mean screaming out would have stopped anything like that in a dressing room in a department store in a heart beat.
I am headed straight to New York to sue her estate.
“...or like Carroll were deterred from suing out of fear.” That explains the book. Nothing lets somebody work out their fears like being published.
Kaplan.
But the lawsuit which the New York judge, Lewis Kaplan, refused to dismiss on Friday was brought against the former president under the Adult Survivors Act, a new state law which gives adults a one-year window to sue alleged attackers even if statutes of limitations have expired.
************************************************************
The Liberal New York legislature clearly designed and created this Adult Survivors Act (”a new state law!) with Donald Trump in mind ergo it is total bullshit and unconstitutional on its face.
Why would a young virile, handsome, billionaire man, who could have his choice of thousands of world class beauties residing in NYC..... “rape” anybody?
Can DJT get a fair trial in *any* large city’s courtroom...or in DC?
Yes,the “statute of limitations” is good for several reasons...the most important of which is that as time passes it’s more and more unlikely that the defendant will get a fair trial.
Although I have seen it written that she was not,in fact,dumb.
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