Donald Trump may soon face deposition in rape defamation case

Former President Donald Trump gestures to the crowd as he arrives to speak at a campaign rally at Williams Arena in North Carolina. Photo / AP

Donald Trump faces a defamation case brought against him by American writer E Jean Carroll relating to her accusation that the former President raped her in the mid 1990s.

Carroll, an author and former magazine columnist for Elle claims the rape occurred in a New York department store fitting room.

She told international news organisation Reuters that she is looking forward to being there if Trump is deposed in the case.

E Jean Carroll speaks onstage during the How to Write Your Own Life panel at the 2019 Glamour Women Of The Year Summit. Photo / Getty Images

"I am living for the moment to walk into that room to sit across the table from him," Carroll said in an interview. "I think of it every day."

The case against the former US president was filed back in November 2019 after Trump accused Carroll of lying for book sales.

Trump claims the allegation couldn't have happened as he believed the pair never met.

"She's not my type," Trump said.

Carroll is seeking "unspecified damages and a retraction of his statements".

The legal team working with Carroll hopes the case will move forward as the accused is no longer the US president.

This is one of two defamation cases which involve sexual misconduct against Trump.

As he is no longer president there is a possibility this case brought by Carroll could move forward fast.

Trump's lawyers delayed the case while he was in office, arguing the duties of his office made responding to civil lawsuits impossible.

"The only barrier to proceeding with the civil suits was that he's the president," Jennifer Rodgers, a former federal prosecutor told Reuters.

Rodgers is now an adjunct professor of clinical law at the New York University School of Law.

The most dangerous woman is a woman who has nothing to lose. The most dangerous man is the man who has EVERYTHING to lose.

— E. Jean Carroll (@ejeancarroll) February 16, 2016

"I think there will be a sense among the judges that it's time to get a move on in these cases," said Roberta Kaplan, Carroll's attorney.

Trump's attorney did not respond to requests for comment.

Carroll is one of over 24 women who have come out publicly and accused Trump of sexual misconduct which they say occurred before he went into office.

After failed attempts by his layers to get Carroll's case dismissed or delayed, US Justice Department officials under his administration took the unusual step of asking that the government be substituted for Trump as the defendant in the case.

500 people demonstrated through the streets of Germany, in 2018 to protest against sexism, rape and sexual harassment.Photo / Getty Images

Justice Department lawyers argued Trump, like any government employee, is entitled under federal law to immunity from civil lawsuits when performing his job.

They also said he was acting in his capacity as president when he said Carroll was lying.

Carroll's lawyers are also seeking a DNA sample from Trump, Carroll claims she still owns the dress she was wearing when the alleged attacked occurred.

"I hung it in my closet," she said.

Crossing paths in a Bergdorf Goodman's store in the mid-1990s, she says Trump recognised her.

She says they spoke and Trump asked her to pick a gift for an unknown woman where they ended up in the lingerie department.

She says Trump asked her to try on a body suit when he closed the door and pinned Carroll to the wall, unzipping his pants and assaulting her.

Dear Ms. Kestler,

Hail, valiant woman! Thank you for kicking Trump--- not just for me, but for ALL the women he has slobbered on, grabbed, groped, pushed up against walls, attacked and assaulted.

Ravishing Regards,
E. Jean https://t.co/OtlUuWB8Tn

— E. Jean Carroll (@ejeancarroll) January 30, 2021

Caroll only told two friends and did not go to police as she feared punishment from Trump.

Being inspired by the #MeToo movement, she came public with her story in a June 2019 New York magazine article, adapted from a new book, What Do We Need Men For? A Modest Proposal.

After the lawsuit was filed in 2019, her lawyer, Kaplan, had a guard escort her to retrieve the dress for forensic testing.

The testing found no semen on the dress, however, it found DNA of an unknown male.

"How his DNA got on that dress would be the argument," said Monte Miller, a biochemist who runs a DNA analysis consultancy.

"It's for the attorneys and the courts and everybody else to argue about why it's there and how it got there."

However, the DNA would not prove Trump guilty but a match could be used as evidence.

"This defamation suit is not about me," said Carroll, who meets regularly with other women who have accused Trump of sexual misconduct. It's about every woman "who can't speak up".

Where to get help:

• If it's an emergency and you feel that you or someone else is at risk, call 111.
• If you've ever experienced sexual assault or abuse and need to talk to someone call the confidential crisis helpline Safe to Talk on: 0800 044 334 or text 4334. (available 24/7)
• Male Survivors Aotearoa offers a range of confidential support at centres across New Zealand - find your closest one here.
• Mosaic - Tiaki Tangata: 0800 94 22 94 (available 11am - 8pm)
• If you have been abused, remember it's not your fault.
• Wellington HELP has a 24/7 helpline for people who need to speak to someone immediately. You can call 04 801 6655 and push 0 at the menu