In 2021, the Adult Survivors Act (ASA) was enacted in New York State. It extended the Statute of limitations for survivors of sexual offenses and abuse to 20 years and lowered the burden of proof to a civil standard, making it easier for survivors to seek justice. What can go wrong?
The ASA was then amended in May 2022 to allow all alleged past victims to file civil suits retrospectively, during a window of opportunity stipulated to be between November 24, 2022, and November 24, 2023. This retrospective exemption has been dubbed the “Donald J. Trump exemption” due to the involvement of Trump antagonists in promoting the ASA legislation and funding its implementation.
Without retrospectivity, enabling a ‘one-off’ exception to the Statute of Limitations, Trump could not have been sued and harrassed by the likes of Elizabeth Jean Carroll. Carroll is the prime plaintiff in the suit against Donald J. Trump and supported financially by antagonist billionaire Reid Hoffman.
Carroll is being used as the nail, but Democrat Party protagonists are the hammer. Carroll, filed a civil rape charge against Donald Trump alleging that the incident took place 28 years ago, the exact year is unknown to her, in a clothing boutique where she worked. Carroll never complained or took any action or discussed the allegations with her family and friends. And, there is no corroborating evidence whatsoever.
Trump denies the allegation and claims that he has never met Carroll. He maintains that he cannot get a fair trial in New York City and that the allegation is a scam to hinder his 2024 aspirations. None of Trump’s pleadings has had any positive return from the NYC court. The matter went to trial.
The trial judge, Justice Kaplan a committed Democrat, was manifestly biased against Trump and inter alia allowed the old Planet Hollywood tape into evidence. He also refused to allow evidence that Trump’s protagonist Reid Garrett Hoffman was funding the false allegations. The result was that Trump, in a pre-trial deposition was obliged to confirm the inappropriate comments. He confirmed he made the statement about “the ease of grabbing stars by the pussy” in private, as part of a men’s locker room prattle which was illegally recorded for reasons of malice, decades ago.
The jury nevertheless still cleared Trump of the civil rape allegation. Their verdict axiomatically rejects Corroll’s version of the events and consensuality is implied. The jury then illogically and counter-intuitively awarded Carroll $5 million in damages, despite no crime or wrong-doing being found. This was a real Democrat Party Kangaroo civil court mess. Trump is obviously Appealing.
Trump, in his explosive recent interview on CNN, made the point that it is impossible for him and like minded people to get a fair trial in New York City or Washington DC. This unquestionably true and a sad indictment on the US justice system.
Carroll is now in trouble, because she lied under oath. When asked who was funding her litigation costs she said “nobody”. In fact, Linkedin Billionaire, and Trump protagonist, Reid Garrett Hoffman is the financial backer.
The case highlights the difficulties of proving sexual assault allegations, particularly in retrospective cases where there is no corroborating evidence. It also raises questions about the fairness of civil suits in cases where no criminal conviction has been obtained. Despite these concerns, some people claim that the ASA represents a step forward for survivors of sexual abuse seeking justice and accountability.
I disagree with retrospective legislation but concede that there will always be justified rare exceptions. One should keep creepy billionaires like the late Jeffrey Epstein and Harvey Weinstein of Miramax, in mind. Their victims were very young, vulnerable and very real.
By Will Keys
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Dear Will, do not worry about Sinclair, but simply suggest that he do some research into the “Dunning-Kruger” effect!
Who pays the 5 million ??
Hi Dan, the expectation is that subject to processes of Appeal, and hypothetically assuming that the superior courts confirm the NYC quantum of damages, that Trump is expected to settle the damages. However, if proper legal reasoning is applied and a modicum of legality is observed, the damages will be quashed and Trump won’t pay anything. In fact, Carroll et al (Reid Hoffman) might find themselves paying for all of Trump’s legal costs.
This is hogwash Will. And I bet they are dragging Biden butt to Guantanamo as we speak? Lots more convictions to come for Putins lap dog.
Sinclair,
Who will be dragging Biden’s butt to Guantanamo, Cuba? The Hunter Biden laptop, in FBI custody, implicates Joe Biden in extensive Chinese corruption. Obviously Biden is corrupt and Donald J. Trump is not (see Durhan Report). Russia, Russia, Russia was a Democrat Party inspired hoax. Russia is cleaning up the Ukrainian NATO & US puppet regime. Poor bloody Ukraine, it is in ruins. Sinclair, what are you saying?
Hi Will,
Reading your article, I am dumbfounded by your total inability to interpret the verdict handed down in the Carrol case against Trump. Perhaps it is time to get that law refresher you may have been thinking of?
Yes the rape charge was NOT proven but the jury agreed that Trump had sexually assaulted the plaintiff for his own self gratification.
Almost every line of your piece contains terminological inexactitudes, and sometimes just plain lies, akin to those we have to put up with here in US on a daily basis most notably by your hero trump, an unindicted insurrectionist. His treasonable actions on January 6 will be called to account, and he will be found guilty. Because of his favored status as an ex-President, however, he may never face the consequences of his actions.
I guess it is time to face the truth that alternative facts are here to stay, and constitute an existential threat of a magnitude we have never before seen. Trump has almost singlehandedly turned the word Truth on its head, and, together with QANON and white supremacist groups, are the biggest threat to the United States and to Democracy.With well educated people you spouting this nonsense we are in for a world of hurt.
How can you live with yourself spewing such drivel?
Respectfully,
Sinclair (Ex BSAP and Office of the President 1978-1990)
Exiled in the US since 1990.
Sinclear, what Office of the President? Are you delusional? I was recently the elected World President of the British South Africa Police Regimental Association, and I have no recollection of you.
You say you are dumbfounded, I can believe it, because you are legally ignorant. The fact is, that you cannot stop individual citizens from exercising their civil rights by suing in a CIVIL court of law. The police and criminal law are another matter entirely. The civil standard of proof is “preponderance of the evidence”. The criminal standard is “beyond a reasonable doubt”.
The US Supreme Court will probably declare the amended NYC Adult Survivors Act 2021 UNCONSTITUTIONAL, because it obviously is. If you read my article carefully you would appreciate this. In civil actions there is no verdict, there are findings for damages. The fact that the jury cleared Trump of the primary action, axiomatically in my opinion, implies that Carroll was consensual. If consensual in the primary act, then the same applies to the other actions. In any event Trump is entirely innocent and the actions were politically motivated for malicious reasons. I don’t expect a jaundiced person like you to understand.
Will,
Thanks for your kind words.
I do not belong to the BSAP Regimental Association but invite you to read British South Africa Police Wikipedia. That should dispel your doubts about my bona fides.
My wife and I have dined with Ian Smith over 20 times. He met my wife who worked at Puzey and Payne on 2nd Street and his wife Janet took a shine to her and became a motherly figure. A good friend and former boss Danny Stannard recently left us.
I live in Orange County in Southern California. In the early nineties I connected with the President of the BSAP Regimental Association here. I think his name was also Will.
( Perhaps Connaught). He invited my wife and I to lunch at his home. When we arrived and he saw I was not white, he did not let us past the foyer. I believe he was also so disgusted that my wife appeared to be a white woman although her Dad was a Dutchman from the Wild Coast and her mom from the Hunt Family who founded the largest museum art gallery in Limerick Ireland, and an Ndebele woman from Gwanda.
I stand by my assertion that QANON and it’s disciples like yourself will be the death of world peace and security.
I harbor no I’ll feelings towards you or anyone. I live a great life and run in the hills and on the beaches.
Take care sir. I have no question if your qualifications to write. What I do take issue with is the Publication of your writings which are really quite peurile and misleading to say the least.
Sinclair,
What is your real name? It certainly would not be Sinclair. You sound like an interesting character, we have ex-black Zimbabean friends, we’re now all Australians’ together. Our friend will soon to appointed by his employers, a multi-national company, to be CEO of the whole Africa operations. He is an educated man, and without being ‘cunning’. I am a retired Australian lawyer and an ex-corporate executive from some of Australia’s biggest corporations. My friend would consider your remarks about me to be entirely false. From your own writing I can assess that you are NOT an ignoramus as I originally thought. You have huge chip on your shoulder, you are jaundiced; an opportunist; badly mis-informed; horribly under-informed and worst of all you are dangerously cunning. By the way, we also entertained the late Hon. Ian Smith in Australia. We know Clive Puzey in Australia. And Will Cornell in LA has never been a President of the BSAP Regimental Association. I have been. Will was probably a BSAP branch chairman. If Will Cornell was rude and racist, as you say, then I am surprised. I have never met Will Cornell but I have spoken to him on the telephone. I will send this link to Will so that he can see what you are saying about him. I will end on a positive note. Free speech is a US first amendment issue. With your background in the Zimbabwean CIO I would spend time seeking forgiveness and less time praising yourself. Ask your victims to forgive you, that would impress us more.
Will,
I welcome you letting Will Cornell know what he did to my wife. I could care less that he did it to me too but my wife did not deserve that treatment. Let him know that carrying his racist behavior to Southern California was not entirely unexpected.
You are trying to goad me into saying I was responsible for loss of life and liberty when I worked for the CIO.
I hate to disappoint you. Not one skeleton in my cupboard, i’m afraid.
If you took the time to read Jake Harper Ronald’s Sunday Bloody Sunday you would realize that instead of
taking the chicken run like so many of you did, some of us that you deride such as Stannard, Flower, etc actually stayed to fight from the inside.
You really have a nerve asking me to atone for working for the CIO. You have no idea of my contributions to the western world and defeat of communism.during the Cold War. In fact I really think I’m wasting my time trying to justify why I did what I did in remaining at home to fight evil from within. Are you in exile? I was expelled from Zimbabwe and declared and enemy of the state because I insisted on working with MI6 and the CIA on anti communist issues in defiance of the regime’s mandate.
I worked with the late Richard Leakey and HRH Prince Phillip as well as Colonel Sir David Sterling, founder of SAS on international projects that also drew the ire of the Zimbabwean regime.
You are as inconsequential to me as a gnat. I care not an iota that you believe I am cunning.
I gave you my real name and challenged you to verify my bona fides by reading British South Africa Police Wikipedia. Why on earth would I use a false name. You keep asking people who post her if they are crazy. Are YOU sane? Even after I gave you that clue you insist that I have given you an incorrect name.Frigging unbelievable. Some corporate lawyer You must have been!
You do not placate me by telling me that the non white person in Australia will be CEO of that company because he has a nice smile. It is because he earned it.
And maybe, just maybe, I DO have a chip on my shoulder.Take one example. Frederick Courteney Selous left his mixed race children valuable properties in and around in the best areas in Harare area The Southern Rhodesia government never allowed them to inherit it. People of mixed race were the embarrassment of the Crown and afterwards of the UDI regime. We were treated like animals. I recall trying to get a haircut and the Portuguese barber whose complexion was swarthier than mine telling me that my hair would break his clippers. Or arriving at the public s Borrow Street swimming baths in Bulawayo and having to take a shower before we were allowed to enter the pool while my white friends were spared that indignity. Or living in substandard housing because we did not have the benefit to buying real estate where we wanted to.
Many mixed race Rhodesians had brothers and sisters in the most high white households. Some they knew because it was an open secret and some were well hidden.
And Will, the biggest reason that I just may have a chip on my shoulder is that when I was accepted into Equitation Squad 14/1978, the first mixed race squad to be trained at Morris Depot and being the fitst mixed race patrol officer in 89 years to be accepted into the BSAP, I encountered such virulent racism from my white fellow squad mates that I never slept for the first three weeks lest I be strangled, lynched, sjamboked, drowned, or otherwise disposed of by my own squad mates. Only after I proved to them in those three weeks that I was on par in some respects and superior in others that I was able to let my guard down after Ian Marais a rugby favorite of the Camp Commandant asked to be my room mate . I still had to put some racists in their place because they could not conceive of a mixed race person or my Shona and Ndebele squad mates as having the same police powers they did.
Hannes, I want to publicly apologize for my behavior in my interactions with Will Keys. I realize you are affiliated in business. Hannes, you know that while I am often contentious, I am, by and large respectful of the other person’s point of view and feelings.
For some reason, I feel a malevolance in Mr. Keys conduct that extends beyond egregious. He is right that it’s a free world and people are free to express their opinions. Disinformation, rather than misinformation is what Mr. Keys publishes. There is a BIG difference. In the former, the disseminator knows they are publishing harmful content.
I will not be responding to Will again Thanks for providing me the opportunity to express my humble views and opinions and the truth in the face of outrageous lies and thanks for your thought provoking articles.
..
I certainly don’t suggest Rhodesia was bereft of nastiness motivated by race and your personal experience needs to be known about. I’m pleased I am able to offer a platform for free speech and I hope I can continue to do so. Thanks for your interesting contributions.
Will, your legal reasoning sounds like a five year old trying to drive a stick shift in Los Angeles traffic at rush hour. Shades of that lunatic Rudy Giuliani. I m ashamed to be responding in such a rude manner. I’m normally respectful of others’ opinions. But your uninformed disinformation has no place among decent people.
Sinclair 1960, I have read your reply dated 20 May 1960 and the Managing Editor’s response. I think it is appropriate that I also proffer an apology in good faith. Unfortunately, Sinclair drew first blood, and his assumed righteousness re Donald J. Trump got right up my nose. We can agree to disagree but Sinclair should not make assumptions and expect someone like me, to swallow it. Donald J. Trump may well be POTUS again after the 2024 general elections, and Sinclair will have to accept it. Sinclair is entitled to his views as I am to mine.
Having read and absorbed Sinclair’s reply, my opinion of him has improved. I honestly deplore what happened to him. I deplore all prejudice based on race, colour, creed, education and even wealth. I apologise to Sinclair for distrusting the veracity of his name. The very mention of the Rhodesian/Zimbabwean CIO, makes me terribly suspicious. Believe me I have good reason.
Reading Sinclair’s story and accepting it at face value, I can assure Sinclair that he is not the only one who has suffered. We, ex-Rhodesians lost everything and the macro reasoning is understandably UNKNOWN to Sinclair. Ultimately, it had little to do with fighting communIsm and everything to do Pax Americana/Pax Brittania. The Managing Editor knows what I mean.
Ex-Rhodesians have paid a terrible price. Sinclair can appreciate we were all born with the wrong colour skin. Class, race and religious discrimination are factors throughout the world, and there are different perspectives that constitute prejudice.
Under different circumstances, we may have been able to be friends.
Wonderful article Will,Here we go again ,Trump is a racist and all republicans are racists Poor Comrade Citizens like Sinclair have turned Democratic city Strongholds into crime ridden cesspools.This weekend alone in Chicago there were 11 murders, no wonder100’s of thousands of Americans are fleeing these corrupt states and moving to Republican safe havens
Thanks Dave, we obviously see things from a similar perspective.
Hi Dave,
I know you will probably curl up in a ball when you read this.
I live in one of the most conservative counties in the US. 1.6% black population
I am a registered REPUBLICAN and, until Comrade Trump was elected was an active office bearer.
The Republican Party has been hijacked by Putin and his lap dog Trump.
Trump has No Idea what being a Republic is or means. Instead of calling me Comrade please direct that honorific to yourself and your fellow Trump clowns.
Sinclair (not his real name) you are a Republican in name only (“RINO”), no decent Republican would share your dangerous opinions. No wonder Republicans in California are in a mess and you should be expelled. The Durham Report decimates the Russia, Russia, Russia hoax; the Hillary Clinton Steele dossier hoax; and confirms the FBI, CIA and GCHQ (MI6) gross misconduct and illegality, when they spied on a sitting POTUS Trump. Sinclair (not his real name) you are exposed. I wonder who you really work for?
Sinclair. Not many brag about being in Mugabe’s CIO
Danny. Some battles need to be fought from within. I was Counterintelligence Head for the USSR and DPRK Desks. We worked with foreign western nations including the US, UK, FRG CANADA, AUSTRALIA and others to stem the tide of communism into our country. Believe it or not socialist countries like Zimbabwe work in close cooperation with the west on myriad issues.
I worked closely with Jake Harper Ronald, ( read his book Sunday Bloody Sunday about whar it was like to work in Mugabe’s CIO )Mike Crafter and Danny Stannard.
I’m not going to defend myself against unsubstantiated allegations. I’m proud of my work there. In face I had the most dangerous job because Bob and Kim Il Sung were best buddies and DPRK was enjoyed most favored nation diplomatic status.
When I had to brief Bob about how the North Koreans on just how badly his best friend was screwing us over, he would often threaten to throw me in Goromonzi immediately incommunicado for lying to him.
If more whites had stayed to pass on their experience and expertise perhaps Zimbabwe would have been in better shape right now. Don’t Winge because I had the courage to stay despite several offers outside the country.
People are also misinformed about which white peopled helped to keep Mugabe and his lunatics in check. Take Mervyn Hamilton for one. He and I received training in the US as Hostage Negotiators and Crisis Managers.
You’ll probably feel no different after reading this. Good day.
Sinclair (not his real name) I am a retired lawyer so I don’t give advice. May I kindly suggest that you stop digging a hole for yourself. The more you reveal the more you unwittingly disclose about yourself. We know about the late Ken Flower; and the late Dan Stannard, and the rest of the unholy treacherous ex-Rhodesian CIO clan. We are not impressed.
Obviously, you are entitled to your free speech and you are most welcome to express your views.
Mr Keys, maybe we should sweep our own (Australia’s) legal doorstep, beofre trying to sweep America’s legal doorstep. I refer you to Hannes piece: “Something Remians Rotten Down Under.’, which higlights the failures of Australian legal and justice system. I am friends with Patrick. Take care.
Quentin, What are you talking about? This article is important to expose the measures that the Democrat Party will go to (funded by antagonist Reid Hoffman of Linkedin) to frame Donald J. Trump. Such conduct is obviously unconstitutional and wrong.
The Australian Family Court and Police systems re that court probably require some tweaking. I will not comment on specific cases.
I DISAGREE with the wholesale disparagement of the Australian legal system and the courts by anyone. Such disparagement is unjustified.
Mr Keys, thanks for your response.
A search of Google provides evidence of: ‘Chief Justice John Pascoe says the Family Law System may need a Royal Commission scrutiny’.
https://www.abc.net.au/news/2018-10-03/family-law-court-may-need-royal-commission-justice-pascoe-says/10332588
‘Advocacy groups stand united for Royal Commission into Family Law System.
https://bravehearts.org.au/advocacy-groups-stand-united-for-royal-commission-into-family-law-system/
The Australian Institute of Health and Welfare offers the following statistics: ‘Between 2016-17 and 2020-21, notifications increased by 40% (around 379,500 in 2016-17 to nearly 531,900 in 2020-21’ period. The link:
https://www.aihw.gov.au/reports/australias-welfare/child-protection
Each Australian state has its own Child Protection Legislation and consequently defines what constitutes child abuse.
https://www.aihw.gov.au/reports-data/health-welfare-services/child-protection/child-protection-legislation-by-jurisdiction
Some of the core principles of the Act in relation to Child Protection Legislation are:
• The welfare and best interest of the child are paramount.
• The preferred way of ensuring a child’s welfare is through the support of the child’s family
• Intervention is not to exceed the level necessary to protect the child.
‘Social workers are coming under strain as workloads increase, in both adult and children’s services, while local authority funding cuts continue to bite.’
https://www.theguardian.com/social-care-network/2015/jan/21/how-can-high-social-work-caseloads-be-tackled
Mr Keys, I believe you mentioned in a previous opinion pierce that the Australian Liberal and Labor Party donated around $400 million to the Clinton Foundation to fight AIDS. How many children’s deaths may have been saved if that money was invested in Australia’s child protection?
.
Mr Keys, I remind you of your words: ‘A society that promotes freeze response into its fabric has lost its way’.
For those readers in this forum who have the predisposition to silence opposing views with accusations of being a communist and/or Marxist I refer you to Mr Keys’s words: ‘Next time you are in a situation where you can express an opinion and in a small way project leadership, don’t freeze. Don’t concern yourself with old pathetic excuse it wasn’t the time or place….show some old fashioned gumption and strength of character.’
I stand by my original statement, sweep Australia’s legal doorstep, before trying to sweep the US legal doorstep. I undertook a master’s in social work, that included child protection, so have insight into the complexities and legal issues in decision-making. Take care.
Hi Quentin,
I agree with your sentiments entirely. I agree with continual education and improvement to the Law in Australia, including the Family Court. The Australian Law reform Commission (“ALRC”) does research into recommended reforms and improvements. I applaud your interest and research into the law, well done. My article “Pussy Galore” wasn’t anything to do with the Family Court. My point in not wanting to disparage Australian Law is that overall we have a very high level of jurisprudence, and as an Officer of the Supreme Court of Queensland I support the Courts.
Mr Keys, hkol bseder (for the readers:’all good’). Take care.
Mr. Keys,
Spot on, hot nail on the head
When I first went into the USMC, then the USCG, and the U. S. Army Natalie Guard, then into the Emergency Medical Services, NREMT-Paramedic, P-0986381,
I had seen shenanigans growing up, in living life, I started to put together certain problems, not quite clear, until later as a Corpsman, Pharmacy and Physucal Therapy asst.assistant., then into EMS and working as an Mental Health Tech. [MHT].
Each problem, if possible, should be examined. Reasonable rules, for all, are developed, for a just determination.
One Marine, with Fox Company, 2nd Battslion, 06th Marines, 2nd zmarije Division, Camp Lejeune, N.C., approxiamately, 1985, about August, had bee n paying his child support on time. He had kept his receipts.
The former girl friend had tried to say that she never received any child support. Double indemity.
The Marine obviously was exindemnity.
Later, with caring for patients, there were some who exaggerated. Instances of Domestic Violence fir example.
The boyfriend or husband had lived a decent living, law abiding, good work ethic.
Then, once being corrected, usually gently, maybe a fuss after putting up for 02 or 03 years. If bounced checks, the rent or mortgage not paid. The electricity, or gas bill is in arrears.
The charge of domestic violence, even when the female immediately dies not want to press charges, the State/Federal pushes forth, incarceration the man.
Even when kept only 02 to 04 weeks,
The man will appear in court with 06 to 09 months.
Then the State/Federal drops charges. Even bot being convicted, the man at times may have to get copies from the court house to show a prospective employer or land Lord.
Thank you,
Take care.
Clarence, as you said “Each problem, if possible, should be examined. Reasonable rules, for all, are developed, for a just determination”. I agree.