British Prince Andrew, targeted by a civil complaint for “sexual assault”, can he escape justice thanks to a 2009 agreement between his friend Jeffrey Epstein and one of his accusers?
Federal justice in New York on Monday released a hitherto confidential financial compensation settlement sealed in 2009 between Jeffrey Epstein, accused of sex crimes and died in prison in 2019, and an American woman, Virginia Giuffre.
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Under the terms of this agreement, Virginia Giuffre undertook not to file a complaint against Jeffrey Epstein, nor against
“other potential defendants”
in the entourage of the American multimillionaire, a sexual predator of minors who committed suicide in his career. New York prison in August 2019. Even before his criminal trial.
However, Prince Andrew, friend of Jeffrey Epstein and his companion and accomplice for 30 years Ghislaine Maxwell, is the subject of a civil complaint filed in New York in August by Virginia Giuffre for "sexual assault" committed in 2001, when she was 17 years old.
This civil action, which seeks damages of an unknown amount, has nothing to do with criminal proceedings and Andrew, who has always
“categorically”
denied these allegations, is not criminally prosecuted for crimes sexual.
According to Virginia Giuffre, the second son of Queen Elizabeth would have sexually assaulted her three times more than 20 years ago at the home of Jeffrey Epstein and Ghislaine Maxwell in New York, the US Virgin Islands, and London.
But the prince's lawyers have been doing everything for six months to block this complaint and say that the 2009 agreement prevents legal action.
Block the complaint
In fact, the settlement, which allowed Virginia Giuffre to receive $ 500,000, protected Jeffrey Epstein, but also, it seems, any
"other potential accused"
according to the imprecise legal wording of the 2009 contract document. The Duke of York's name or royal title is not mentioned, but Andrew's lawyers argue that Virginia Giuffre's complaint is unfounded in law. His judicial fate could end on Tuesday. At 10:00 a.m. (3:00 p.m. GMT), a videoconference hearing between Manhattan Federal Judge Lewis Kaplan and lawyers for both parties is scheduled to be held to determine whether the complaint should be dismissed. The judge has already rejected on December 31 another nullity request made by Andrew, on the grounds that the plaintiff could not sue in the United States because she
"resides"
in Australia. If all of Andrew's appeals fail, a civil trial could be held
"between September and December"
2022, Judge Kaplan suggested in the fall.
In addition, lawyers for Virginia Giuffre asked last week that the prince produce a medical certificate attesting that his body can not sweat, that he is therefore never
"sweaty".
Indeed, in his last interview with the BBC in November 2019, deemed calamitous, he had denied having danced
"in a sweat"
with Virginia Giuffre in a nightclub in London more than 20 years ago, as the complainant had. recount.
The prince would suffer from an impossibility of
"sweating"
since the Falklands War in 1982, when his body would have produced too much adrenaline.
Widely distributed, especially in the United Kingdom, a number of photos attest to the links between Andrew, Jeffrey Epstein, Ghislaine Maxwell and Virginia Giuffre.
In particular a snapshot from 2000 showing the American financier, the British socialite and the prince on a hunting party at the Sandringham estate (east of England).
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Another photo shows Andrew and Virginia Giuffre holding each other at the waist, all smiles, with Ghislaine Maxwell in the background.
Andrew has always
"categorically"
denied the accusations and even expressed doubts about the authenticity of this photo.
But his friendship with the Epstein-Maxwell couple plunged him into turmoil and forced him to retire from public life.
For her part, Ghislaine Maxwell was convicted on December 29 in New York of sex trafficking of minors for the benefit of Jeffrey Epstein.
Virginia Giuffre, who was not a party to the Maxwell trial, welcomed the judgment and said she hoped others
"will be held to account".