{"id":3521,"date":"2023-01-05T05:28:31","date_gmt":"2023-01-05T11:28:31","guid":{"rendered":"https:\/\/ustower.net\/?p=3521"},"modified":"2023-03-16T21:53:07","modified_gmt":"2023-03-17T02:53:07","slug":"prince-andrew-case-cited-by-woman-who-accused-trump-of-rape","status":"publish","type":"post","link":"https:\/\/ustower.net\/?p=3521","title":{"rendered":"Prince Andrew case cited by woman who accused Trump of rape<\/strong>"},"content":{"rendered":"

NEW YORK (AP) \u2014 Lawyers for a former advice columnist who says Donald Trump raped her in a department store dressing room 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.
\nThe former president\u2019s lawyers are trying to toss out E. Jean Carroll\u2019s lawsuit on the grounds that a temporary New York state law letting adult sex abuse victims sue decades later is invalid. In a submission in Manhattan federal court on Wednesday, Lawyers for Carroll wrote that Judge Lewis A. Kaplan should reject Trump\u2019s request.
\nWhen the law took effect in November,\u00a0Carroll\u2019s attorneys immediately sued. They made the rape claim after an\u00a0earlier lawsuit\u00a0Carroll brought against Trump, which asserted a defamation claim. While president, Trump had said the sexual assault never happened and that \u201cshe\u2019s not my type.\u201d Carroll, a longtime advice columnist for Elle magazine, made the rape claim for the first time publicly in a 2019 book.
\nIn both lawsuits, Carroll asserted that a friendly chance encounter between herself and Trump at an upscale Manhattan department store turned violent when Trump cornered her in a dressing room in 1995 or 1996 and raped her.<\/p>\n

Kaplan rejected a legal argument that is similar to the one made by Trump\u2019s lawyers last January when Prince Andrew\u2019s 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.<\/p>\n

<\/div>\n

At the time, Kaplan said the argument that the temporary law was improper had \u201cfor good reason\u201d been rejected by every New York state and federal court to have considered it.<\/p>\n

Kaplan wrote that the \u201cclaim-revival window was a reasonable measure to address an injustice.\u201d<\/p>\n

Weeks later, Prince Andrew settled\u00a0the lawsuit,<\/a>\u00a0agreeing to donate to the charity of the woman who claimed he had sexually abused her when she was 17 and to declare he never meant to malign her character.<\/p>\n

Two weeks ago in seeking dismissal of Carroll\u2019s lawsuit, Trump\u2019s lawyers wrote that the state\u2019s Adult Survivors Act, \u201cwell-intentioned as it may be, is a fundamentally flawed law that is unable to withstand constitutional scrutiny.\u201d<\/p>\n

They said that the law is unlike its predecessor, the Child Victims Act, because it was not narrowly tailored and it \u201carbitrarily revives long-expired claims without any viable justification under the law.\u201d<\/p>\n

The lawyers said the law violates the New York State Constitution, was an invasion of due process and a \u201cclear abuse of legislative power.\u201d<\/p>\n

They also wrote that the state, in enacting the Adult Survivors Act, had provided no reason \u201cwhy Plaintiff\u2019s own neglect or refusal to bring an action within the applicable time period should be construed as an injustice against her.\u201d The statute of limitations, they said, expired after five years.<\/p>\n

Apnews<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

NEW YORK (AP) \u2014 Lawyers for a former advice columnist who says Donald Trump raped her in a department store dressing room 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. The former president\u2019s lawyers are trying […]<\/p>\n","protected":false},"author":5,"featured_media":3522,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[3662,1471,1470,2598,3500,1230,43,1305],"class_list":["post-3521","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics","tag-allegations","tag-andrew","tag-prince","tag-rape","tag-sexual-assault","tag-trump","tag-who","tag-women"],"_links":{"self":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/3521","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3521"}],"version-history":[{"count":3,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/3521\/revisions"}],"predecessor-version":[{"id":7826,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/3521\/revisions\/7826"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/media\/3522"}],"wp:attachment":[{"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3521"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3521"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3521"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}