Lawyers for a former advice columnist who says Donald Trump raped her in a department store in the 1990s are fighting his efforts to toss out a lawsuit by reminding a judge of his own ruling in a similar lawsuit against Prince Andrew.
Carroll brought against Trump, which asserted a defamation claim. While president, Trump had said the sexual assault never happened and that “she's not my type.” Carroll, a longtime advice columnist for Elle magazine, made the rape claim for the first time publicly in a 2019 book.
Kaplan rejected a legal argument that is similar to the one made by Trump's lawyers last January when Prince Andrew's lawyers argued against the constitutionality of a temporary state law letting victims of child sexual abuse make claims years after the statute of limitations would otherwise have prevented the claims.
Two weeks ago in seeking dismissal of Carroll's lawsuit, Trump's lawyers wrote that the state's Adult Survivors Act, “well-intentioned as it may be, is a fundamentally flawed law that is unable to withstand constitutional scrutiny." The lawyers said the law violates the New York State Constitution, was an invasion of due process and a “clear abuse of legislative power."
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