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Trump asks to dismiss his complaint for sexual assault based on a New York law as unconstitutional

MADRID, 22 Dic.

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Trump asks to dismiss his complaint for sexual assault based on a New York law as unconstitutional

MADRID, 22 Dic. (EUROPA PRESS) -

Former United States President Donald Trump has filed an appeal in federal court to dismiss the complaint against him for sexual assault filed by journalist Elizabeth Jean Carroll based on a new New York law that he considers unconstitutional.

According to former President Trump's defense, the law on which the complaint is based conflicts with the due process protection of New York State law and also maintains that Carroll's lawsuit is "unfounded and legally flawed," reports CNN.

The norm to which he refers came into force on November 24, the same day that Carroll filed a complaint for sexual assault for an act that would have been committed in the 90s in the fitting rooms of a New York store. The law gives adult survivors of sexual offenses up to one year to file lawsuits against their alleged offenders, even if the time period has expired.

It is not the first lawsuit that Carroll has filed against Trump, since there is already a lawsuit pending since 2019 in a Manhattan court accusing him of defamation, after the former president not only denied these facts, but also tried to ridicule her when she said she was a " liar" and that I was not his type.

For this defamation lawsuit, Trump already declared in October, asserting that it is nothing more than "a witch hunt" against him, as well as an advertising strategy by Carroll to sell more copies of his book 'What do we need men for?' , in which he recounts that episode.

Carroll maintains that some 27 years ago some banter between her and Trump about trying on lingerie when they met in an upscale department store on New York's Fifth Avenue "took a dark turn" when he "forced her against the fitting room wall, pinned her and raped her."

Trump has managed to delay the defamation complaint on several occasions thanks to his time at the White House, since he claimed that the president of the United States cannot be sued in the exercise of his functions if the facts have to do with his position. In September, a federal appeals court ruled partially in his favor, ruling that he was under legal protection.

However, that same court asked its highest instance, the District of Columbia court, to decide whether those comments were protected. This new demand by Carroll is also based on statements from Trump a month ago and that are similar to those of then, so he could not avail himself of this legal protection since he is not already president of the United States.