Prince Andrew’s lawyers push New York judge to dismiss sex abuse case

The Duke of York's lawyers argued he was protected by a previously confidential settlement that his accuser, Virginia Giuffre, signed in 2009.

Queen Elizabeth II's second son, Prince Andrew.

Queen Elizabeth II's second son, Prince Andrew. Source: AA/PA

This article contains references to sexual assault and abuse.

Prince Andrew's lawyers have pressed a New York judge to dismiss a sexual assault lawsuit brought against him, arguing he was protected by a previously confidential settlement that his accuser signed in 2009.

Lawyer Andrew Brettler said on Tuesday Virginia Giuffre had "waived her rights" to sue other defendants in relation to alleged sex crimes committed by late disgraced financier Jeffrey Epstein.

Judge Lewis Kaplan did not make an immediate ruling but appeared to express skepticism at Prince Andrew's argument, questioning how a third-party could enforce a secret agreement that it didn't know about.

Hour-long oral arguments in the civil action filed by Ms Giuffre - also a longtime accuser of Epstein's companion, the convicted sex trafficker Ghislaine Maxwell - were held via video conference with the public able to listen in by telephone.

Ms Giuffre alleges that Epstein lent her out for sex with his wealthy and powerful associates, including to Prince Andrew, an allegation that Queen Elizabeth II's second son has repeatedly and strenuously denied.
The deal made public for the first time Monday by a New York court showed that Ms Giuffre agreed to drop a civil claim against Epstein for $500,000 USD.

The settlement contained a provision that purports to protect "other potential defendants" from being sued related to alleged sexual abuse committed by Epstein, who died by suicide in jail in 2019.

Mr Brettler described it as "unambiguous" and argued that it protected the prince from litigation.

"Ms Giuffre intended to release a broad category of individuals, including royalty, including businessmen," Mr Brettler said.

"She waived her rights to sue them when she entered into the 2009 release agreement and accepted the money from Mr. Epstein." 

But the judge said that neither he nor Mr Brettler could "find any meaning at all" in the word "potential." 

"You'll have a decision pretty soon, but I'm not going to define that further," Kaplan said at the end of the hearing.
Ms Giuffre sued the prince for unspecified damages last year, alleging he sexually assaulted her in 2001 when she was 17 and a minor under American law.

She says Prince Andrew assaulted her at Epstein's home in New York, and on Epstein's private island in the US Virgin Islands.

Ms Giuffre's lawyer David Boies argued that the Epstein-Giuffre agreement was unrelated to Prince Andrew because it was signed in Florida.

"Prince Andrew was not subject to jurisdiction," he told Judge Kaplan.

Ms Giuffre alleges Prince Andrew also sexually abused her at the London home of Maxwell, who last week was found guilty of sex trafficking minors for Epstein.

The 61-year-old Prince Andrew has not been criminally charged.

Maxwell convicted

Maxwell, who introduced Prince Andrew to Epstein in the early 1990s, faces life behind bars after being convicted by New York jurors of five of the six counts she faced following a high-profile month-long trial.

Epstein died aged 66 in a Manhattan jail in what New York's coroner ruled was a suicide, after being charged with child sex trafficking.

Back in 2008 he was convicted of paying young girls for sexual massages at his Florida mansion but served just 13 months in jail after striking a deal with the state prosecutor at the time.

Prince Andrew has rarely been seen in public since he was forced to quit the royal frontline in 2019 for failing to distance himself from Epstein.
In a disastrous interview with the BBC that year, Prince Andrew denied Ms Giuffre's claim that they had shared a sweaty dance at a London nightclub, saying that at the time he could not sweat due to a condition related to having fought in the 1982 Falklands War.

Last week, Ms Giuffre's lawyers demanded that Prince Andrew hand over medical records proving that he is unable to sweat.

His legal team has accused Ms Giuffre of seeking to profit from a "baseless lawsuit," which is still in its early days.

If the case proceeds and a settlement cannot be reached then it could go before a jury trial, likely in the latter half of this year.

On Friday, Judge Kaplan rejected attempts by Prince Andrew's lawyers to halt progression of the suit on the grounds that Ms Giuffre now lives in Australia.

If you or someone you know is impacted by sexual assault, call 1800RESPECT on 1800 737 732 or visit . In an emergency, call 000.

Anyone seeking information or support relating to sexual abuse can contact Bravehearts on 1800 272 831 or Blue Knot on 1300 657 380.


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5 min read
Published 5 January 2022 5:40am
Source: AFP, SBS


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