because it is a civil case not a criminal one - why should a sexual assault case be a civil case, not a criminal one? <---- this is the key question.Any American more familiar with national and state law might know better, but I understand it's because:
- the statute of limitations prevents a criminal rape trial in this instance because too long has passed since the alleged crime (it supposedly happened around 1995-96), but
- recent changes to NY state's law mean that victims of historic abuse can now pursue their supposed attacker for recognition of the offence and for compensation (this is the same law change which is allowing many alleged exJW victims to now sue the org years later)
Wikipedia on the case says:
On November 4, 2019, writer E. Jean Carroll filed a lawsuit against Trump, accusing him of defamation by claiming she lied about him raping her in 1995 or 1996. Carroll had first publicly disclosed the alleged sexual assault by Trump in June and said Trump's reaction had directly harmed her career and reputation. Carroll said she was filing this lawsuit on behalf of each woman who has faced harassment, assault, or belittlement. Trump stated that her allegation was a promotion strategy for her book titled What Do We Need Men For? A Modest Proposal, where she discloses details about the alleged assault. The White House Press Secretary responded to the lawsuit claiming it was "frivolous" and that the story was fake, "just like the author".
[...]
Carroll filed a second lawsuit against Trump in November 2022 that renewed her claim of defamation due to additional statements Trump made and expanded her claim to battery under the Adult Survivors Act, a New York law that allows sexual-assault victims to file civil suits beyond expired statutes of limitations.