• Schadrach@lemmy.sdf.org
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    17 hours ago

    I don’t think anyone doubts it happened,

    You might want to look at right wing social media - there’s a whole lot of claims that it didn’t and that she based her story on Law and Order SVU S13 E11 from 2012. Given the circles she traveled in, it’s at least as likely that the SVU episode was inspired by her telling someone connected to the writers the story.

    but a criminal trial can be gruelling and ultimately lead to nothing.

    Also, odds are that it’s past statute of limitations, and those exist in large part because memories fade and evidence doesn’t last forever making crimes both more difficult to prove and more difficult to defend against over time.

    Her civil case would have already been past statute of limitations, but NY passed a law that created a temporary window where the statute of limitations for civil suits for sexual assault was retroactively revoked. It’s pretty obvious that the goal was specifically to allow Carroll to sue Trump, but it’s written a more broadly than that essentially as plausible deniability. I was actually surprised that NY law didn’t get stopped under the same grounds that retroactively expanding the statute of limitations has been shot down in the past - usually the line the courts will follow is that if you expand a statute of limitations, the new limit only applies to conduct that happens after the change occurs.

    • ByteJunk@lemmy.world
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      3 hours ago

      It’s pretty obvious that the goal was specifically to allow Carroll to sue Trump

      No, it is not, and it’s revolting to me that you’d think that. More than 3000 suits were filed in 1 year under the Adult Survivors Act, are all those “happy little accidents”, or do those people mean nothing and you only care about that one case?

      Also, you’re omitting the broader context of the ASA: New York’s had a 3 year statute of limitations for civil suits for sexual assault, and they changed it to 20 years.

      This was not retroactive, however, so the ASA was passed to allow alleged victims to bring up their cases.