Attorneys for E. Jean Carroll told a judge she plans to indict former President Donald Trump under a new New York statute that allows sexual assault victims to file a lawsuit years after the meeting.
In a new court filing her defamation case against Trump, Carroll’s attorneys said she plans to sue Trump in late November under the New York Adult Survivors Act, which allows adult survivors to file claims that would otherwise would have been barred by the statute of limitations. Carroll will plead battery and intentional infliction of emotional distress in the lawsuit, her lawyers told the judge.
The law applies to survivors of sex crimes that occurred when they were over 18, with a one-year term beginning Nov. 24 — six months after New York’s Democratic government Kathy Hochul signed the bill — and claims regardless of the statute of limitations. It mirrors the Child Victims Act of 2019 which extended the statute of limitations in child sexual abuse cases to give survivors more time to charge their abusers.
Carroll’s attorneys acknowledged that it was unusual to notify a judge and defendant of a “pending” lawsuit, but said they were doing so given the pending related lawsuits.
Trump has denied raping Carroll in a New York department store in the mid-1990s. He also denied slandering Carroll.
Carroll’s attorneys also said they had changed their mind and now want Trump to sit in the defamation lawsuit, despite telling the judge earlier this year it wasn’t necessary.
In the new filing, they said a statement is the only way to go, as Trump “barely participated” in the fact-finding investigation.
Trump was late in providing documents and giving “boiler plate” responses, Carroll’s lawyers said in a letter to the judge.