Credit: Prince Andrew jury trial explained: as the case awaits trial, what does the civil lawsuit against him really mean?
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Prince Andrew jury trial explained: as the case awaits trial, what does the civil lawsuit against him really mean?
By Amy Beecham
4 years ago
2 min read
Prince Andrew faces a civil lawsuit following Virginia Giuffre’s accusations that he sexually abused her when she was a teenager.
Prince Andrew will be “deposed” by lawyers for Virginia Giuffre and give evidence under oath as part of the ongoing civil sexual abuse claim against him.
In a lawsuit first filed in August in Manhattan’s federal court, Giuffre claims that after she was coerced into Andrew’s former friend and convicted sex offender Jeffrey Epstein’s sex-trafficking operation, and that Epstein forced her on several occasions to have sex with Prince Andrew when she was 17 and he was around 40.
The duke strenuously denies the allegations and his legal team maintain that he “never sexually abused or assaulted” Giuffre, previously claiming that he has “no recollection” of meeting her and that a photo of the two of them in what is believed to be Ghislaine Maxwell’s London home is doctored. He has never faced criminal charges.
Now, it has been announced that Giuffre’s lawyers, David Boies and Sigrid McCawley, will conduct the “deposition” in a neutral location in London over two days, beginning on 10 March. Giuffre herself is also due to be questioned by the duke’s lawyers, Andrew Brettler and Melissa Lerner, in April.
The civil sex assault trial in the US is scheduled to take place between September and December, and the parties will need to confirm by 28 July whether they wish to proceed to trial.
Credit: Virginia Roberts Giuffre
The suit alleges that the prince committed “sexual assault and battery” at Epstein’s New York City mansion when she and “another victim” were forced to “sit on Prince Andrew’s lap as Prince Andrew touches her.” During that visit, the lawsuit claims, the royal also forced Giuffre to “engage in sex acts against her will.”
This week, in a letter to Lewis Kaplan, the judge presiding over the case, Prince Andrew’s attorney Andrew Brettler once again denied main allegations contained in Giuffre’s complaint, elsewhere saying he lacked “sufficient information to admit or deny the allegations”.
The duke’s legal team had previously asked Kaplan to throw the case out, submitting that sensationalism has “prevailed over the truth”.
What could happen in Prince Andrew’s jury trial?
“Prince Andrew is not on trial himself, but being sued for compensation,” Alan Collins, partner and specialist in the abuse team at Hugh James Solicitors, tells Stylist.
“Giuffre wants to be compensated for the assaults and damage she alleges that she has suffered. The civil court must decide whether she has proved that Prince Andrew has committed the acts she alleges, and if so, award her compensation.”
“Both sides have asked for a jury trial and both, I assume, are doing so tactically, thinking that the jury is more likely to be emotionally swayed than a judge. This could be risky for both sides. Giuffre might think a jury will sympathise with her as a victim of alleged abuse. Prince Andrew might fear “guilt” by association with Epstein and Maxwell, and so will want to paint Giuffre in a bad light.”
The duke’s legal team have previously filed papers in Manhattan federal court that stated: “Accusing a member of the world’s best known royal family of serious misconduct has helped Giuffre create a media frenzy online and in the traditional press. It is unfortunate, but undeniable, that sensationalism and innuendo have prevailed over the truth”.
Lawyers also claimed that an unearthed agreement between Giuffre and convicted sex offender Jeffrey Epstein protects the prince from sexual assault claims against him, and was grounds for dismissal.
Credit: Getty
What could happen if Prince Andrew is found guilty of sexual assault?
“This is not a criminal case and it’s not about guilt or innocence, although that is the sub-text,” reminds Collins. “It’s about whether Prince Andrew did the wrongs complained of. In a criminal trial, the evidential burden is very high- beyond reasonable doubt. In a civil trial, it is about the balance of probabilities.”
What are the next steps in the jury trial?
Judge Kaplan has indicated he would seek to hold a trial in New York in September or October, and ruled that depositions must be completed on or before 14 July 2022.
While there is a possibility that the prince could be subpoenaed – required to submit evidence to a court of law – to testify in person, Collins says that this isn’t a requirement.
“Prince Andrew does not have to appear in person,” he adds. “He could well do so by video link. The strategy may be to use the evidence of others to undermine Giuffre, who will have to give evidence herself.”
The duke has suffered reputational damage since the allegations were first made. Earlier this month, the Queen stripped Prince Andrew of his military titles and royal patronages after Kaplan refused to dismiss the case.
In a statement, Buckingham Palace said: “With the Queen’s approval and agreement, the Duke of York’s military affiliations and royal patronages have been returned to the Queen.
“The Duke of York will continue not to undertake any public duties and is defending this case as a private citizen.”
The duke’s current roles – including Colonel of the Grenadier Guards, one of the oldest regiments in the British army – will be handed to other members of the royal family, as it is believed he will cease to be called His Royal Highness (HRH) in any official capacity.
Images: Getty/Florida Southern District Court
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