Danny Cevallos: E. Jean Carroll's case was originally a long shot. That is, until Donald Trump's self-destruction deposition.
alleging defamation in 2019. At that time, the statute of limitations for civil cases alleging sexual assault had long since expired. So Carroll employed a creative workaround: She sued him for defamation after he said Carroll lied about having sexually abused her. Then, in 2022,New York’s Adult Survivors Act, which gave adult sexual assault survivors a one-time, one-year window to file lawsuits, regardless of how old the allegations were.
Some 30 minutes after the act took effect, Carroll’s attorneys filed their lawsuit against Trump alleging civil rape.according to Judge Lewis Kaplan . Although the jury ultimately stopped short of saying Trump committed rape, it concluded he sexually abused Carroll and then defamed her when she spoke out about it.
But again, Carroll was the underdog up until the trial actually began. The Adult Survivors Act does empower victims to file complaints against their assailants decades after the statute of limitations expires. Yet it’s one thing to file a complaint in court. It’s another thing to have toyour sexual abuse case, after evidence has decayed and witnesses’ memories have faded. The Carroll v. Trump case highlighted how difficult it is to track down some of these important details decades later.
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