NEW YORK (AP) — A author who accused former President Donald Trump of raping her in a division retailer dressing room intends to file one other lawsuit towards him beneath a brand new New York regulation letting sexual assault victims sue over assaults that occurred a long time in the past.

A lawyer for the columnist, E. Jean Carroll, notified a federal decide of her intent to sue in an August letter entered within the public file Tuesday. The swimsuit would allege sexual battery and intentional infliction of emotional misery.

Within the letter, the lawyer, Roberta Kaplan, additionally stated she plans to depose Trump within the defamation case that Carroll already had pending towards the previous president. The deposition must happen by Oct. 19, when discovery within the case should be accomplished for a deliberate February trial.

Trump’s legal professional, Alina Habba, didn’t instantly reply to a request for remark. In an Aug. 11 letter to the court docket that was additionally posted within the public file Tuesday, she objected to the brand new lawsuit.

Habba wrote that letting Carroll file the brand new declare now “could be terribly prejudicial” to Trump, given the looming trial deadlines within the defamation case.

“To allow Plaintiff to drastically alter the scope and subject material of this case at such time would severely prejudice Defendant’s rights. Due to this fact, Plaintiff’s request should be disregarded in its entirety,” Habba stated.

E. Jean Carroll, center, waits to enter a courtroom in New York for her defamation lawsuit against Donald Trump in March 2020.
E. Jean Carroll, middle, waits to enter a courtroom in New York for her defamation lawsuit towards Donald Trump in March 2020.

Kaplan declined to remark.

Carroll, a longtime recommendation columnist for Elle journal, wrote in a 2019 e book that Trump raped her throughout an opportunity encounter at a Bergdorf Goodman retailer within the mid-Nineteen Nineties. Trump denied it and questioned Carroll’s credibility and motivations.

As a result of the alleged assault occurred so way back, Carroll would ordinarily have missed authorized deadlines to sue Trump. So she initially sued him instead for defamation, saying he smeared her repute whereas denying the rape allegation.

Final spring, nonetheless, New York lawmakers passed the Adult Survivor’s Act, which gives a one-year “look again” that allows grownup survivors of sexual assaults to carry civil claims once they in any other case could be barred.

The regulation, signed by Gov. Kathy Hochul in Might, was modeled after the Little one Victims Act, which offered the same window to carry lawsuits for individuals who had been sexually assaulted once they have been kids. That regulation expired a yr in the past.

A deposition would require Trump to reply questions from Carroll’s legal professionals beneath oath about her allegations. Carroll’s authorized staff in February had stated they have been prepared to skip a deposition so as to get the lawsuit to trial extra rapidly. Kaplan, in her letter to the court docket, stated she now wanted to query Trump as a result of his legal professionals had turned over so few paperwork related to the case.

In her letter to the court docket, Habba made no point out of the plans to depose Trump, however she did complain that Kaplan’s letter was “full of misrepresentations and inflammatory statements.”

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