Trump claims rape accuser E. Jean Carroll's lawsuit is unconstitutional


Former President Donald Trump has attempted to dismiss a lawsuit by essayist E. Jean Carroll accusing him of rape, claiming that the law under which the suit was filed is inherently unconstitutional.
"The Adult Survivors Act, well-intentioned as it may be, is a fundamentally flawed law that is unable to withstand constitutional scrutiny," Trump's attorney Alina Habba said in a filing in Manhattan court on Wednesday obtained by Bloomberg.
She continued, claiming that the law "inherently deprives countless individuals of their constitutional right to due process by forcing them to defend against these once-stale claims."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Carroll had previously sued Trump for defamation, after he'd shrugged off her allegations of rape by saying she was "not my type." That case is currently working its way through an appeals process. This latest suit, however, is predicated on the recently enacted Adult Survivors Act, which affords alleged victims of sexual assault a one-year window in which they can sue their alleged perpetrators, no matter if the statute of limitations had run out; the bill was signed into law by New York Gov. Kathy Hochul (D) in May, and went into effect in late November.
As of December 10, only 19 cases — including Carroll's — had been filed under the new law. Carroll's case seeks to expand on her earlier lawsuit by including the initial defamation allegation, while adding a charge of battery as well. She is reportedly hoping to ultimately combine the two suits into a single case.
Carroll, a former columnist for Elle magazine, claims that Trump raped her in a Bergdorf Goodman department store dressing room in the mid 1990s. Trump has denied he allegations, and this past October sat for a deposition in the defamation suit. Prior to that deposition, Judge Lewis Kaplan noted that both Carroll and Trump "already are of advanced age" and accordingly, Trump "should not be permitted to run the clock out" by avoiding questioning.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.
-
Critics’ choice: Restaurants worthy of their buzz
feature A fun bistro, a reservation worth the wait, and a modern twist on Mexican dishes
By The Week US Published
-
Film reviews: Snow White, Death of a Unicorn, and The Alto Knights
Feature A makeover for Disney’s first animated feature, greedy humans earn nature’s wrath, and a feud between crime bosses rattles the mob
By The Week US Published
-
Bombs or talks: What’s next in the US-Iran showdown?
Talking Points US gives Tehran a two-month deadline to deal
By Joel Mathis, The Week US Published
-
Sen. Booker's 25-hour speech beats Thurmond
Speed Read He spoke for the longest time in recorded Senate history, protesting the Trump administration's policies
By Peter Weber, The Week US Published
-
Bondi seeks death penalty for Luigi Mangione
Speed Read Mangione was charged with fatally shooting UnitedHealthcare CEO Brian Thompson last year
By Rafi Schwartz, The Week US Published
-
Democrats win costly Wisconsin court seat
Speed Read Democrats prevailed in an election for the Wisconsin Supreme Court despite Elon Musk's robust financial support of the Republican candidate
By Peter Weber, The Week US Published
-
Detentions and hostile treatment: is it safe to visit the US?
The Explainer Spate of interrogations and deportations at US border sparking decline in overseas visitors
By The Week UK Published
-
Why are student loan borrowers falling behind on payments?
Today's Big Question Delinquencies surge as the Trump administration upends the program
By Joel Mathis, The Week US Published
-
WHCA rejects White House press seating grab
Speed Read The White House Correspondents' Association objected to the Trump administration's bid to control where journalists sit during press briefings
By Rafi Schwartz, The Week US Published
-
Trump sends more migrants to El Salvador jail
Speed Read Another 17 Venezuelan alleged gang members have been deported to a notorious prison
By Peter Weber, The Week US Published
-
Law firms: Caving to White House pressure
Feature Trump targets major law firms tied to his past investigations
By The Week US Published