Prince Andrew's bid to dismiss sex abuse accuser's lawsuit rejected by U.S. judge

Britain's Prince Andrew failed to persuade a U.S. judge to dismiss Virginia Giuffre's lawsuit accusing the Duke of York of sexually abusing her when she was underage.

In a decision made public on Wednesday, U.S. District Judge Lewis Kaplan said Giuffre, 38, could pursue claims that Andrew battered her and intentionally caused her emotional distress while the late financier Jeffrey Epstein was trafficking her.

The Manhattan judge said it was premature to assessAndrew's efforts to "cast doubt" on those claims, though the 61-year-old prince could do so at a trial.

Kaplan said it was also too soon to decide whether Giuffre's 2009 civil settlementwith Epstein "clearly and unambiguously" shielded Andrew from being sued by Giuffre.

The judge did not address the merits of Giuffre's claims.

Lawyers for Andrew did not immediately respond to requests for comment on the decision.

In a statement, David Boies, a lawyer for Giuffre, said his client was pleasedand "looks forward to a judicial determination" of the merits of her claims.

Andrew, the second son of Queen Elizabeth, has denied Giuffre's accusationsthat he forced her to have sex more than two decades ago at a London home of former Epstein associate Ghislaine Maxwell, and abused her at two Epstein properties.

Trial could begin late this year

Kaplan'sdecision keepsGiuffre's case against Andrew on track for a trial that the judge has said could begin between September and December 2022 if no settlement is reached.

Sarah Krissoff, a partner at Day Pitney and a former federal prosecutor, said the decision made it more likely Andrew would pursue an out-of-court settlement.

"I can't imagine that Prince Andrew wants every detailed allegation to come out in the public realm," she said. "If I were on Prince Andrew's team, I most certainly would be having a discussion with him right now about resolving this case."

In the 2009 settlement, Epstein paid Giuffre $500,000 US, without admitting liability, to end her Florida lawsuit accusing him of sexually abusing her when she was underage.

Giuffre's claims against Andrew have not been proven and the prince is not accused of criminal wrongdoing.The case and his ties to Epstein have nevertheless damaged his reputation and cost him many royal duties.

Andrew's troubles grew after critics said he failed in a 2019 BBC interviewto appear sympathetic toward Epstein's abuse victims.

A spokespersonfor Buckingham Palace declined to comment on Kaplan's decision.

Epstein killed himself at age 66 in a Manhattan jail cell in August 2019 while awaiting trial on sex trafficking charges.

Maxwell, 60, was convicted on Dec. 29 of recruiting and grooming girls for Epstein to abuse between 1994 and 2004.

She is seeking a new trial after one juror told media, including Reuters, that during jury deliberations he had discussed being a victim of sexual abuse.

'Muddled' settlement

In his 44-page decision, Kaplan said the "muddled" language in Giuffre's and Epstein's 2009 settlement agreement suggested that they may have arrived at "something of a middle ground" on whether to shield Andrew or others from future lawsuits.

The settlement included language to "forever discharge" various people who "could have been included as a potential defendant" in Giuffre's lawsuit against Epstein.

"We do not know what, if anything, went through the parties' minds,"when drafting the settlement, Kaplan wrote.

Giuffre and Andrew "have articulated at least two reasonable interpretations of the critical language," the judge continued. "The agreement therefore is ambiguous."

WATCH | Prince Andrew could be headed to court for trial in the U.S.:

U.S. judge rejects Prince Andrew's bid to dismiss sex abuse accuser lawsuit

3 years ago

Duration 2:04

Prince Andrew has failed to convince a U.S. judge to dismiss a lawsuit accusing the Duke of York of sexually abusing Virginia Giuffre when she was underage.

Settlement agreements can restrict plaintiffs like Giuffre from pursuing further litigation, even against third parties.

Kaplan also rejected Andrew's claim that letting Giuffre sue violated his due process rights under New York's constitution.

Giuffre sued Andrew lastAugust, less than a week before the expiration of a state law giving accusers a two-year window to bring claims over alleged child abuse occurring long ago. Kaplan called that window, which was extended by a year because of the COVID-19 pandemic, "a reasonable measure for remedying injustice to victims" of child sex abuse.