Donald Trump has been found guilty of sexual abuse and defamation in a civil proceedings in New York City. It is a civil case, so he must pay for the harm he has caused by his actions. The assault is claimed to occurred in 1996, approximately 27 years ago.

He can not be charged with the crime of sexual assault or rape, because of the statute of limitations. A criminal case would have a higher burden of proof. It also has a number of protections for the accused.

Trump’s lawyers are certain to provide numerous reasons why he received an unfair trial in their appeal. Likely they will be explaining these reasons on cable news. One of them is the Adult Survivors Act. The ASA creates a one-year lookback window for sexual assault survivors to pursue civil claims in court for abuse that may have occurred years earlier, as long as they were over 18 at the time. Previously, a person who experienced sexual abuse only had a few years to file a lawsuit in New York before their claim would be time-barred.

Link: Adult Survivors Act

The window is from November 22, 2022 to November 23, 2023. So from now until Nov 23, victims have the right to file civil complaints for claims that may go back 50 years ago or more. They had to be 18 years old at the time. It will be argued in the appeal, that the law did not have sufficient safeguards for the accused.

Statute of limitations help protect people of being accused of a crime that occurred so far in the past, that it would be unreasonable to expect the accused from being able to recall what happened on a particular day and find rebuttal witnesses. But, it can deny victims their day in court. It is especially important in cases where DNA and other evidence has been collected.

I intend to follow this case from a legal perspective. * The appellate court will not determine if Trump received a fair trial, as this is a very open question. What they will rule on is, whether his appeal is valid, based on court records, judge’s decisions, the rules of evidence and his constitutional rights, which are intended to provide the accused with reasonable protections in a civil case. It may be a very long time until this is resolved.

Stay tuned,

Dave

Note: I am not a lawyer. I don’t know if the filings are posted on the internet. Certainly, Trump’s lawyers will come up with a dozen reasons why the case should be overturned. As this is being played out, they will attempt to settle the case with Carroll privately.