₦airaland Forum

Writer E Jean Carroll has sued Donald Trump in the US state of New York for allegedly raping her in the 1990s.

Ms Carroll is among the first to sue under the Adult Survivors Act, which came into effect on Thursday.

The state law allows a one-year period for victims to file sexual assault lawsuits in New York over claims that would have otherwise exceeded statute limitations.

The former president has denied the allegations against him.

Ms Carroll alleges the attack took place in a New York luxury department store dressing room 27 years ago.

The Adult Survivors Act allows victims to come forward if the sexual assault occurred when they were over the age of 18 and took place on a date that exceeds time limits that exists on most felonies.

It is modelled after the state's recent Child Abuse Act, which applied to victims who were abused as minors.

The Child Abuse Act, which came into effect in 2019, allowed a two-year period for victims to come forward. Around 11,000 lawsuits were filed in New York against churches, hospitals, schools, camps and other institutions under that law.

Ms Carroll has also sued former President Trump for defamation after he accused her of lying when she first made her allegations public in 2019. Mr Trump has called Ms Carroll's claims "fiction". A civil trial for that case is scheduled for 6 February.

In a statement, Ms Carroll's attorney, Roberta Kaplan, said the new lawsuit filed on Thursday is intended to hold Mr Trump accountable for the alleged assault.

Alina Habba, a lawyer for Mr Trump, told US media that, while she respects and admires individuals that come forward "this case is unfortunately an abuse of the purpose of this Act" and "runs the risk of delegitimising the credibility of actual victims".

Others are also planning to file lawsuits under the new law.

This includes a planned class action lawsuit against Robert Hadden, a former gynaecologist at hospitals tied to New York-Presbyterian and Columbia University, who has been accused by dozens of patients of sexual abuse.

Mr Hadden was convicted in 2016 on sex-related charges in state court, but has pleaded not guilty to federal charges of abusing female patients over two decades.

Advocates for survivors of sex abuse believe the legislation provides an opportunity for people to come forward who may not have done so previously due to trauma or fear of retaliation.

Several other states have also extended or temporarily eliminated their statues of limitation on sex crimes in the wake of the #MeToo in 2018, including New Jersey, California, Arizona and Montana.

I hope that this law, provide very hard punishment for such lies.

DaveHarry:
Writer E Jean Carroll has sued Donald Trump in the US state of New York for allegedly raping her in the 1990s.

Ms Carroll is among the first to sue under the Adult Survivors Act, which came into effect on Thursday.

The state law allows a one-year period for victims to file sexual assault lawsuits in New York over claims that would have otherwise exceeded statute limitations.

The former president has denied the allegations against him.

Ms Carroll alleges the attack took place in a New York luxury department store dressing room 27 years ago.

The Adult Survivors Act allows victims to come forward if the sexual assault occurred when they were over the age of 18 and took place on a date that exceeds time limits that exists on most felonies.

It is modelled after the state's recent Child Abuse Act, which applied to victims who were abused as minors.

The Child Abuse Act, which came into effect in 2019, allowed a two-year period for victims to come forward. Around 11,000 lawsuits were filed in New York against churches, hospitals, schools, camps and other institutions under that law.

Ms Carroll has also sued former President Trump for defamation after he accused her of lying when she first made her allegations public in 2019. Mr Trump has called Ms Carroll's claims "fiction". A civil trial for that case is scheduled for 6 February.

In a statement, Ms Carroll's attorney, Roberta Kaplan, said the new lawsuit filed on Thursday is intended to hold Mr Trump accountable for the alleged assault.

Alina Habba, a lawyer for Mr Trump, told US media that, while she respects and admires individuals that come forward "this case is unfortunately an abuse of the purpose of this Act" and "runs the risk of delegitimising the credibility of actual victims".

Others are also planning to file lawsuits under the new law.

This includes a planned class action lawsuit against Robert Hadden, a former gynaecologist at hospitals tied to New York-Presbyterian and Columbia University, who has been accused by dozens of patients of sexual abuse.

Mr Hadden was convicted in 2016 on sex-related charges in state court, but has pleaded not guilty to federal charges of abusing female patients over two decades.

Advocates for survivors of sex abuse believe the legislation provides an opportunity for people to come forward who may not have done so previously due to trauma or fear of retaliation.

Several other states have also extended or temporarily eliminated their statues of limitation on sex crimes in the wake of the #MeToo in 2018, including New Jersey, California, Arizona and Montana.

This is gonna be hard to prove without any forensic evidence based on finger prints and semen samples. My instincts tell me that
Trump did what he was accused of but a lot of time has elapsed.

On the other hand, a lie detector machine can be used on Trump and the lady (Jean Carroll) to unravel the specifics of this alleged rape in the 1990s.



So, 1stGenAmerican, what do you think (as an attorney) will be the legal outcome of this case in NY?

AlphaTaikun:
This is gonna be hard to prove without any forensic evidence based on finger prints and semen samples. My instincts tell me that
Trump did what he was accused of but a lot of time has elapsed.

On the other hand, a lie detector machine can be used on Trump and the lady (Jean Carroll) to unravel the specifics of this alleged rape in the 1990s.



So, 1stGenAmerican, what do you think (as an attorney) will be the legal outcome of this case in NY?

A New York court and jury? Trump? I feel that the outcome isn’t likely to be in his favor. This particular suit is a civil cases which is much easier to win and from what I’ve read, she has a strong collection of evidence. I’m curious to see the Discovery that’ll be introduced.
The majority of the suits filed under these new statutes have been by victims of childhood sexual abuse years after the abuse occurred most have been successfully won.

*This particular statute is still fairly new so think about precedents and how they are set.

1stGenAmerican:
A New York court and jury? Trump? I feel that the outcome isn’t likely to be in his favor. This particular suit is a civil case which is much easier to win and from what I’ve read, she has a strong collection of evidence. I’m curious to see the Discovery that’ll be introduced.

The majority of the suits filed under these new statutes have been by victims of childhood sexual abuse years after the abuse occurred most have been successfully won.

*This particular statute is still fairly new so think about precedents and how they are set.

That's a truly awesome feedback
1stGenAmerican.

Woo! I didn't realise you were online as of the time I made my post to you. I love your stealth mode tactics in use lately... But I also miss your commanding presence here. Mmm... "Are you pondering what I'm pondering?" Lol.


So, the last two paragraphs of your feedback gives much hope that she'll get justice in court based on
precedence here. We'll keep our fingers crossed while following the court sessions. [I like what you did in 2021 with uploading vital
documents here on NL and unravelling the Bah rape case of a minor in Georgia. All the evidence pointed to Bah being guilty. I left a post for you on that thread].

NO woman has to be subjected to what Ms. Jean allegedly went through back in the 1990s, now, OR in the future. I want to see stiffer punishments for these kinds of crimes worldwide!

The funds used in seeing you through Law School right up till you passed your bar exams wasn't a waste after all. Your folks must be very proud of you.

Last but not least, what branch of law are you currently specializing in? Is it property law, tax law, immigration law, etc. I want to know how my medium-term to long-term legal needs OR that of any clients I refer to you would fit into your firm's gamut of legal services.

We'll both have some more convos by email for added confidentiality.

AlphaTaikun:
Thats truly awesome.

What’s your take on the case?

.

AlphaTaikun:
This is gonna be hard to prove without any forensic evidence based on finger prints and semen samples. My instincts tell me that
Trump did what he was accused of but a lot of time has elapsed.

On the other hand, a lie detector machine can be used on Trump and the lady (Jean Carroll) to unravel the specifics of this alleged rape in the 1990s.



So, 1stGenAmerican, what do you think (as an attorney) will be the legal outcome of this case in NY?

How effective do you think is the lie detector machine. By the way this case is dead on arrival.

DaveHarry:
How effective do you think is the lie detector machine. By the way this case is dead on arrival.

Polygraph results are generally non-admissible in courts within the state of NY so my thoughts on the effectiveness don’t matter.
What evidence do you have to support your claim?
The case is far from DOA and her first case against him, a claim of defamation, is being heard in February.

DaveHarry:
How effective do you think is the lie detector machine. By the way this case is dead on arrival.

How's it going @DaveHarry?

That's a great question.

With a professional polygraphic examination expert, any lie told can be detected using the lie detector. I have watched several forensic and crime detection documentaries for decades now, and one thing about lie detection machines is that they are near-accurate. This device has even been used to catch cheating partners and solve cases of paternity fraud.

Combine finger print detection, DNA testing of hair strands and body fluids, and lie detection (using polygraphic machines), most crime cases can easily be solved by detectives or private investigators!


All the best.

1stGenAmerican:
What’s your take on the case?

My take is right above where I asked what branch of law is your current area of specialization and more? You must have been feeling really sleepy when you posted this based on U.S. Eastern time.

1stGenAmerican:
Polygraph results are generally non-admissible in courts within the state of NY so my thoughts on the effectiveness don’t matter.

What evidence do you have to support your claim?

The case is far from DOA and her first case against him, a claim of defamation, is being heard in February.

Non-admissible in court... Huh?!

Seems like lawyers in the state of NY are afraid of losing their jobs to the polygraph machines.

But they accept DNA test results in court... That's contradictory. Lol.

But seriously though, I know that in some jurisdictions, certain evidence got from digital recorders, and now, the polygraph are NOT admissible in courts.

AlphaTaikun:
Non-admissible in court... Huh?!

Seems like lawyers in the state of
NY are afraid of losing their jobs to the polygraph machines.

But they accept DNA test results in court... That's contradictory. Lol.

But seriously though, I know that in some jurisdictions, certain evidence got from digital recorders, and now, the polygraph are NOT admissible in courts.

Do you know what’s replacing things like polygraph results? Social media. For the past five years, evidence taken from social media has become the prosecutions’ best weapon. People have begun to technically testify against themselves in advance through what they post.

I thought you said you are an american lawyer.
Wetin american lawyer dey find for nairaland by midnight.

American lawyer that's on nairaland 247, na SCAM

1stGenAmerican:
Do you know what’s replacing things like polygraph results? Social media. For the past five years, evidence taken from social media has become the prosecutions’ best weapon. People have begun to technically testify against themselves in advance through what they post.

1stGenAmerican:
Do you know what’s replacing things like polygraph results? Social media. For the past five years, evidence taken from social media has become the prosecutions’ best weapon. People have begun to technically testify against themselves in advance through what they post.

Insightful summations 1stGenAmerican. Indeed the digital trails we all leave online can provide critical evidence in the near-term to long-term. Online defamation is something some deadbeats don't even think about until they get dragged to court for defamation of character.

Enjoy the rest of your day legal babe.