E. Jean Carroll, who alleges Trump raped her, sued him for defamation more than three years ago.
Carroll filed a second lawsuit Thursday, alleging another defamation complaint and battery.
Insider breaks down where the litigation between Carroll and Trump stands.
More than three years after E. Jean Carroll first accused former President Donald Trump of rape, she's finally getting the opportunity to sue him for the alleged assault thanks to a new New York law.
On Thanksgiving, the New York Adult Survivors Act went into effect, temporarily allowing the filing of sexual assault lawsuit in cases where the statue of limitations have expired.
Just after midnight, Carroll filed a new lawsuit against Trump, accusing him of battery and defamation, according to Carroll's Substack post on "Ask E Jean," which includes a downloadable version of the 29-page complaint.
"Dearest friends, tonight, a few minutes after midnight, we filed the rape suit against the former president," it begins. "The new suit may ruin the former president's Thanksgiving, but it will be nourishing to every woman who's ever been grabbed, groped, harassed, pinched, prodded, assaulted, smeared or dragged through the mud by a powerful man."
This is the second lawsuit that Carroll, a longtime advice columnist for Elle magazine, has filed against Trump, after lodging a separate defamation suit against the then-president in November 2019.
With multiple hearings in different courts coming up, Insider breaks down all of the pending litigation between Carroll and Trump, who recently announced he's running for president again in 2024.
A traumatic meeting in a department store
Carroll first accused Trump of rape in her memoir, which was excerpted ahead of publication by New York Magazine in June 2019.
In the excerpt, Carroll described running into Trump at the Bergdorf Goodman department store sometime in the fall of 1995 or the spring of 1996.
She described her and Trump getting into a lighthearted exchange in the lingerie section before Trump got Carroll into a dressing room, pinned her against a wall, and proceeded to assault her, she wrote. While Carroll didn't actually use the word "rape" in her essay, she later said that accurately described what happened to her.
Carroll never reported the incident to the police but said she told two friends about the alleged assault afterward. She also said she kept the dress she wore that day, which has been analyzed for DNA. Carroll's legal team has requested a sample of Trump's DNA to compare with the analysis of Carroll's dress, but it's unclear from court documents if they've obtained a sample yet.
Carroll's first lawsuit
After her essay was published, Trump denied Carroll's allegation in a series of statements to the press in June 2019, saying Carroll's "not my type," and suggesting that she made the story up to sell her memoir.
Five months later, Carroll sued Trump for defamation, alleging he attacked her reputation by claiming she made the story up.
That lawsuit took a turn a year after it was filed when the Justice Department, headed by then Trump-appointee Attorney General Bill Barr, intervened in the case in an effort to have Trump removed as a defendant and replaced with "USA."
The DOJ's reasoning was that Trump made his comments about Carroll while acting as president, legally protecting him from being sued as an individual for his work as a public servant. When the Biden administration took over, the DOJ continued intervening to try to remove Trump from the case.
Judge Lewis Kaplan denied the DOJ's motion to replace Trump as a defendant in October 2020, but Trump's team appealed the following month. While the Second Circuit Court of Appeals initially ruled in Trump's favor that federal law shielded Trump from being sued personally, the court eventually kicked the issue to the DC Court of Appeals. That court will weigh in on the issue of whether Trump can be personally sued after hearing oral arguments in January.
Trump also tried and failed to countersue Carroll, but Kaplan blocked that move in March, saying the timing of Trump's effort appeared to be a "bad faith" attempt to delay the proceedings.
What's the latest?
Carroll's lawyers have now filed an additional lawsuit against Trump, alleging a second act of defamation for statements he made on October 12, on Truth Social, calling Carroll's allegation "a Hoax and a lie."
That lawsuit also includes a battery claim against Trump for the alleged rape.
In a previous filing, Carroll's lawyers asked that the cases be tried together, and that the trial date be pushed from February 6 to April 10, 2023.
Roberta Kaplan, Carroll's lawyer, declined to comment when reached by Insider last week. Representatives for Trump did not respond to a request for comment. Alina Habba, an attorney for Trump, told The New York Times prior to the filing that it was "completely inappropriate and we will take up this issue with the court."
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