Prince Andrew’s effort to immediately block the progression of a lawsuit by a woman who says he sexually assaulted her when she was 17 — on the grounds that she no longer lives in the U.S. — was rejected by a federal judge as oral arguments were set to proceed Monday on the prince’s request to dismiss the lawsuit.

In a Friday written order, Judge Lewis A. Kaplan instructed the Prince’s attorneys to turn over the documents on the timetable that was established in the August lawsuit filed by Virginia Giuffre. 

Giuffre said that the prince abused her on numerous occasions during 2001, while Giuffre was sexually exploited by Jeffrey Epstein. 

Andrew Brettler (the prince’s lawyer) has called the suit ‘baseless. 

Prince Andrew's effort to immediately block the progression of a lawsuit by a woman who says he sexually assaulted her when she was 17 — on the grounds that she no longer lives in the U.S. — was rejected by a federal judge. Prince Andrew was seen for the first time on Friday since his friend Ghislaine Maxwell was convicted of child sex trafficking

Prince Andrew’s effort to immediately block the progression of a lawsuit by a woman who says he sexually assaulted her when she was 17 — on the grounds that she no longer lives in the U.S. — was rejected by a federal judge. Prince Andrew was first seen Friday after his friend Ghislaine maxwell was convicted for child sex traficking

This order was made three days ahead of Monday’s public release of Epstein-Giuffre’s 2009 settlement agreement. Andrew’s lawyers claim that the agreement will protect the prince against claims similar to those made by Giuffre, and the suit can be dismissed on this basis. 

Lawyers for the prince claimed that Giuffre is not a resident of the United States and that they were not able to share evidence with them until this question was resolved. It could mean that the suit will be dismissed.

Giuffre lives with her Australian husband in Perth and has three children.

Giuffre lawyer Sigrid McCawley stated that the request to halt his case was ‘just one in a series tired attempts by Prince Andrew, to dodge and skirt the legal merits case Virginia Giuffre brought against him. Prince Andrew, like all parties to litigation, is also subject to discovery.

Virginia Giuffre - the woman who claims she was forced to sleep with Prince Andrew when she was 17 - is pictured with her lawyer, David Boies

Virginia Giuffre, the 17-year-old woman who claimed she was forced into sleeping with Prince Andrew at 17, is shown here with David Boies, her lawyer. 

Andrew vehemently denies her assertions and says he cannot recall meeting her, despite the picture of them together at the London home of Ghislaine Maxwell - the British socialite convicted of multiple counts of child sex trafficking for her billionaire pedophile boyfriend Jeffrey Epstein - in March 2001

Andrew strongly denies the claims of her and insists that he can’t recall ever having met her. Despite the photo of them at Ghislaine Maxwell’s London residence in March 2001, Andrew says he doesn’t remember seeing her.

Kaplan noted in a brief order that the lawyers of the prince requested Giuffre turn over ‘extensive materials’ by January 14. This includes documents related to her past lives. Kaplan stated that the lawyers of the prince had not raised any defenses that the lawsuit could be stopped. This was because Giuffre, according to her attorneys, has been living and working in Australia.

Giuffre’s address was Penrose, Colorado, on the cover of a September 2015 lawsuit. The cover page of her April 2019 lawsuit listed her address at Palm Cove in Australia. She also marked a checkbox as “citizen/subject of a foreign nation.” In her suit against the prince she stated her address to be Ocean Reef in Western Australia and checked a box that read ‘citizen or subject of a foreign country’.

Kaplan, in a one-page order, noted that the prince's lawyers have requested that 'extensive' materials be turned over by Giuffre by January 14, including documents related to where she has lived

Kaplan stated in one page that the attorneys of the Prince requested Giuffre to turn over “extensive” materials by January 14th. This included documents that relate to her whereabouts.

Kaplan’s Order did not express any opinion about the merits or the claims of the Prince that Giuffre should cease to sue because she resides in Australia. 

The Monday morning session will include oral arguments via video teleconference regarding the prince’s request for dismissal of the case.

The suit was defended by the lawyers of the prince on several grounds. Giuffre claimed that Andrew had falsely accused him because he “never sexually assaulted or abused” her.

“Giuffre initiated the baseless lawsuit against Prince Andrew in order to make another profit at his expense, and at the cost of those who are closest to him,” said Epstein. Epstein’s use of Giuffre is not justifiable,’ according to written arguments.

Epstein, who was waiting for his trial on charges of sex-trafficking, committed suicide at a Manhattan federal prison.

After a long trial, his ex-girlfriend, Ghislaine Maxill, 60 was found guilty of sex trafficking, conspiracy, and other charges.

Unless they make it public, the Associated Press doesn’t usually identify victims of sexual assault. Giuffre did. 

Q&A 

Andrew was charged with what?

These formal accusations are battery and intentional injury to emotional distress. Virginia Roberts, who is bringing the New York case as her married name Giuffre, alleges that she was forced to have sexual relations with Prince Andrew at 17 years old. She was also a sex slave to Jeffrey Epstein’s friend and paedophile Jeffrey Epstein. It is not a criminal case like the GhislaineMaxwell Manhattan trial. Miss Roberts seeks damages in the amount of millions of pounds. Andrew should not be in prison.

Are we where are?

Although the case was started in August, it is still being worked on. A new Andrew motion to dismiss the case will be heard by the judge on Tuesday. If it continues there will be the taking of depositions – formal statement given under oath.

Who might be deposed

David Boies, Miss Roberts’ attorney has stated that he would like to see the duke deposed and perhaps his ex-wife Sarah Ferguson. Andrew will be on her side, along with her associates and possibly her lawyers.

And what about after?

Judge Lewis Kaplan set September as the tentative date of his trial. The case will be heard by an impartial jury consisting of 12 members of public.

Will Andrew testify?

However, he could refuse to depose but this can lead to a default judgement against him. If he is present at the trial, he may decline to be in evidence or take the fifth, which means he will not answer any questions.

How will evidence be presented?

Miss Roberts will give her story and she’ll bring along witnesses to back it up. According to some reports, she may use Epstein private jet flight logs that show her flying to places where she claimed to have had sex. Maxwell could be aided by testimony from Carolyn, a victim who claims she was lured into Epstein’s orbit by Roberts.

Andrew might be contacted by the FBI.

It is not part of this case. Andrew has been a potential witness in the FBI’s investigation of Epstein’s global sex rings for at least two years. An application for Mutual Legal Assistance Treaty protection to the Home Office is still pending and hasn’t been processed.