Judge rejects Trump's motion to dismiss E. Jean Carroll sexual assault lawsuit - NewsNaija.com.ng

A federal judge has denied former President Trump’s motion to dismiss a civil sexual assault lawsuit brought against him by a woman who accused him of rape in the 1990s, ruling that the law authorizing her to sue is permitted under the U.S. Constitution. New York State.

Journalist, author, and advice columnist E. Jean Carroll filed her lawsuit against Trump in November after New York’s Adult Survivors Act (ASA), which gives people a one-year window to file lawsuits over old allegations of inappropriate sexual conduct that have passed the statute. of limitations, entered into force. She previously also filed a defamation suit against Trump for calling her a liar for her claims that he raped her and for demeaning her physical appearance.

Trump’s legal team argued that the law violates the due process provisions of the state constitution and is therefore unconstitutional. They also argued that Carroll’s defamation case should be dismissed because it does not meet the necessary standard for reparation.

But US District Judge Lewis Kaplan ruled that the law is constitutional, citing a New York Court of Appeals ruling that the test to determine whether a claims reinstatement statute violates the due process clause of the state constitution should be whether the statute is “a reasonable measure.” to stand up to injustice.

He said the answer in this case is “obvious” that the ASA is a reasonable measure. He said the New York Legislature recognized a problem with the “culture of silence” and the “relatively short” periods of time in which people can bring criminal and civil action for sex crimes.

Kaplan said Trump’s lawyers argued that the ASA remains unconstitutional because the bill’s justification did not “sufficiently articulate the injustice” it was trying to address, but ruled that the claim is incorrect and that the justification is clear.

“This legislation, the Adult Survivors Act, would create a one-year window for the reactivation of time-barred civil lawsuits arising from sexual offenses committed against persons who were 18 years of age or older at the time of the conduct,” the justification section of the legislative memorandum accompanying the bill.

“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,” it continues.

Kaplan noted that the state legislature almost unanimously passed legislation to remedy what it considered an injustice, and Trump failed to demonstrate any compelling reason why this legislation is not within the authority of the state government.

Kaplan also dismissed Trump’s motion to dismiss Carroll’s defamation suit. Trump argued that Carroll failed to file a claim by failing to testify for “special damages,” which he says is required by state law.

But Kaplan pointed out that Trump’s claims refer to slander, and Carroll is suing under New York’s libel law, which has a lower standard for legal proceedings.