There has been an important development in the sexual assault accusation against Prince Andrew, Duke of York, the middle son of Queen Elizabeth II of England.
Evaluating an existing agreement, the judge ruled that the agreement in question did not grant immunity to the Prince.
Complainant Virginia Giuffre alleges in her petition that she was presented to Andrew for sex by pedophilia convict Jeffrey Epstein, that he was 17 at the time, which means he was considered a child under American law.
The agreement was made in 2009 between Giuffre and Jeffrey Epstein, a sex offender who died in prison in 2019.
Accordingly, Virginia Giuffre pledged, in exchange for $500,000, that she would not prosecute anyone who could be a “probable defendant” and could be linked to Epstein.
Evaluating whether this agreement provided an exemption to Prince Andrew, Judge Lewis A. Kaplan decided to hear the case, citing that the agreement was “ambiguous”.
It is debated whether Prince Andrew will take the path of “reconciliation” in this new phase.
Virginia Giuffre sued when she was 17, saying the Queen’s son had sexually assaulted her in London, New York and the Virgin Islands.
In 2019, 61-year-old Prince Andrew said on the BBC’s Newsnight program that he denied the allegations: “There was no such thing. I can tell you with absolute certainty that it did not happen. I do not remember meeting this lady at all.” However, photos of Prince Andrew and Giuffre appeared together.
Why was the case accepted?
New York City Judge Lewis A. Kaplan criticized the 2009 agreement in his 46-page decision.
Kaplan ruled that there were “lots of room for interpretation” for a deal that was supposed to be so binding.
In his written decision, the judge made the assessment that “The 2009 agreement contains spelling problems and ambiguity, whatever it was he wanted to convey.”
Lewis A. Kaplan also said that it is not his job to evaluate the truth or falsity of Giuffre’s claims.
Virginia Giuffre, on the other hand, expressed her satisfaction with the decision through her lawyer and stated that she is looking forward to the case.
Analysis by Sean Coughlan, the BBC’s Royal correspondent
This result shows that difficult times and decisions are on the horizon for Prince Andrew.
By citing a settlement between the pedophile Jeffrey Epstein and Virginia Giuffre, his attempt to block the case already risked discrediting it.
Now this request has been denied and the case against him will be heard. Giuffre’s and Prince’s lawyers will engage in legal action over their client’s statements. Personal testimonies and evidence will come into play.
A lawsuit loomed in New York this fall.
Arguing that he has done nothing wrong, Andrew has a chance to acquit himself in public.
But it’s hard to imagine a royal testifying in a grueling cross-examination in a New York courtroom.
Which brings to mind the possibility of a settlement outside the courtroom. But that’s not the best picture either, because the accusations hang in the air.
Good options for the Prince under pressure are pretty limited