Home Business NewsPrince Andrew will be called to court and face sex assault lawsuit in the US after losing bid to have case thrown out

Prince Andrew will be called to court and face sex assault lawsuit in the US after losing bid to have case thrown out

by LLB Reporter
12th Jan 22 3:15 pm

The Duke of York will face court in the US as he has lost his bid to have the civil sex assault case against him to be thrown out by a New York judge.

The Queenโ€™s favourite son Prince Andrew, 61, will face trial later this year as Judge Lewis A Kaplan ruled an argument put forward by his legal team that a 2009 agreement that his accuser Virginia Giuffre made with Jeffrey Epstein did not prevent her from taking further legal action against him.

Giuffre, 39, is suing Prince Andrew for an undisclosed sum over claims that he had sexually abused him, a claim that he vehemently denies.

Giuffreโ€™s lawsuit claims that Prince Andrew had sex with her on three occasions in 2001 when she was a teenager.

She was sex trafficked by billionaire pedophile Epstien and Andrew Brettler the Duke of Yorkโ€™s attorney said the lawsuit is โ€œbaseless.โ€

In the conclusion of the judges written ruling, he said, โ€œFor the foregoing reasons, defendant’s motion to dismiss the complaint or for a more definite statement is denied in all respects.

โ€œGiven the court’s limited task of ruling on this motion, nothing in this opinion or previously in these proceedings properly may be construed as indicating a view with respect to the truth of the charges or countercharges or as to the intention of the parties in entering into the 2009 Agreement.โ€

Brettler argued the case does not stand as the settlement between Giuffre and Epstien meant she had โ€œwaived her right to sueโ€ and that her allegations are not clear, he added, โ€œshe needs to lock herself into a story now.โ€

The settlement stated, โ€œIn addition to being continually exploited to satisfy defendant’s [Epstein] every sexual whim, [Giuffre] was also required to be sexually exploited by defendant’s adult male peers, including royalty, politicians, academicians, businessmen and or other professional and personal acquaintances.โ€

The judge said the settlement made it clear, that it was โ€œnot intended to be used by any other personโ€ by Epstein, suggesting that this included Andrew.

Judge Kaplan said, โ€œWhat about Virginia’s settlement agreement language that the terms of the agreement are not to be used in any other case by any other person in any other case?โ€

During the hearing, the judge was notably combative with Andrew Brettler, the dukeโ€™s lawyer, responding to one submission simply with โ€œso what?โ€

He told Brettler โ€œI understand you are asserting that, but it doesnโ€™t mean itโ€™s correct and to another argument said: โ€œI understand your point. It just isnโ€™t the law.โ€

Prince Andrewโ€™s lawyer claims Giuffre has failed to โ€œarticulate what happened to her at the hands of Prince Andrew.โ€

Judge Kaplan responded as he read out a portion of the lawsuit aloud which alleges โ€œinvoluntary sexual intercourse,โ€ the judge added, โ€œThere isnโ€™t any doubt what that means.โ€

Mitchell Epner, a former federal prosecutor, told The Times that it โ€œcould not have gone worseโ€ Prince Andrew and his legal team.

He continued, โ€œThere were a number of times where Andrewโ€™s counsel was reduced to saying, โ€˜Well, I respectfully disagree.โ€™

โ€œIn the courtroom, respectfully disagreeing with the judge means you are about to lose.โ€

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