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Writer E. Jean Carrolls sexual assault allegations against former President Donald Trump, 76, are finally in court as jury selection begins in federal court in Manhattan on Tuesday. Carroll, 79, said the former president attacked and sexually assaulted her in a dressing room at Bergdorf Goodman in 1995 or 1996.
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The Carrolls’ lawsuit alleges that Trump assaulted Carroll, then 52, inside the lingerie department’s dressing room, where he pulled down her pantyhose. Trump opened his overcoat and unzipped his pants. Trump then pushed his fingers around Carrolls private parts and forced his penis inside her, the lawsuit read. In 2019, Trump released a statement saying it never happened, that Carroll was not my type, and that he had never met this man in my life.
But this is not a criminal case. This civil suit stemming from an incident in the 1990s was possible because New Yorks Adult Survivors Act opened a one-year lookback window for people to file civil suits against their alleged attackers if the statute of limitations limit has been exhausted. Carroll filed her lawsuit on Thanksgiving 2022. As part of the lawsuit, Carroll is seeking unspecified damages as well as the retraction of a social media post Trump made in October 2022.
Trump’s lawyer Alina Habba told the Associated Press that Trump maintains his innocence. While I respect and admire individuals who come forward, this case is unfortunately an abuse of the purpose of this Act that creates a terrible precedent and runs the risk of delegitimizing the credibility of the actual who are victims, Habba said.
Politico reports that there are no discussions about out-of-court settlements at this time. If the Carrolls’ legal team prevails, it would be the first time Trump could be held to any degree of legal responsibility for a sexual assault. He has been accused of sexually harassing or sexually assaulting at least 18 women.
Trump is not expected to be in court unless he is called to testify, CNN reported Tuesday, but it is expected that part of his video deposition will be played. Again this is a civil lawsuit so he doesn’t have to come. Carroll is expected to testify. The jury will be anonymous to the public and lawyers for both sides.
Another way this trial will be different is the venue. Since this trial is in federal court, they won’t be a Law&Crime Network YouTube livestream a la Gwyneth Paltrows ski trial. It is not cunning; Federal courts don’t believe in room technology. (The lack of transparency in the federal courts is a separate issue for another time.) But maybe get a good courtroom sketch artist.
It’s now up to a jury to see if Carrolls allegations are what Trump calls a complete con job or another example of how the MeToo movement has created an environment that finally allows survivors to get some kind of justice
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