Tuesday, 10 August 2021

Breaking News: Lawsuit filed against Prince Andrew


Epstein accuser Virginia Giuffre sues Prince Andrew

 

Giuffre accuses Andrew of sexual abuse at Epstein’s mansion when she was under 18

 



Virginia Giuffre

Virginia Giuffre filed a lawsuit against Prince Andrew in federal court in New York. Photograph: Bebeto Matthews/AP

 

Joanna Walters in New York and agencies

@Joannawalters13

Tue 10 Aug 2021 00.15 BST

https://www.theguardian.com/uk-news/2021/aug/09/virginia-giuffre-sues-prince-andrew-jeffrey-epstein

 

Virginia Roberts Giuffre, an alleged victim of the sex offender Jeffrey Epstein, on Monday filed a lawsuit against Prince Andrew in federal court in New York.

 

She accused the British royal of sexually abusing her at Epstein’s mansion in Manhattan and at other locations in 2001 when she was under the age of 18, according to court records. Prince Andrew has denied having sex with her.

 

“If she doesn’t do it now, she would be allowing him to escape any accountability for his actions,” Giuffre’s attorney, David Boies, told ABC News, the US news network reported.

 

He added: “And Virginia is committed to trying to avoid situations where rich and powerful people escape any accountability for their actions.”

 

The lawsuit seeks unspecified damages. Giuffre accuses Andrew of sexual assault and intentional infliction of emotional distress.

 

“Twenty years ago, Prince Andrew’s wealth, power, position, and connections enabled him to abuse a frightened, vulnerable child with no one there to protect her. It is long past the time for him to be held to account,” according to the lawsuit.

 

In late 2019, Prince Andrew told BBC Newsnight that he never had sex with Giuffre, saying: “It didn’t happen.”

 

He said he has “no recollection” of ever meeting her and told an interviewer there are “a number of things that are wrong” about Giuffre’s account, which alleges the encounter occurred in 2001.

 

“I can absolutely categorically tell you it never happened,” Andrew said. According to the lawsuit, the prince abused Giuffre on multiple occasions when she was under the age of 18.

 

It said that on one occasion, the prince sexually abused her in London at the home of Ghislaine Maxwell, when Epstein, Maxwell and Prince Andrew forced her to have sexual intercourse with the prince against her will.

 

On another occasion, Prince Andrew sexually abused the plaintiff in Epstein’s New York mansion, the lawsuit said.

 

ABC reported that a spokesperson in Britain for Prince Andrew told the company there would be no comment on the lawsuit.

 

Monday’s lawsuit was filed shortly before a New York state law expires that allows people alleging they were sexually abused as children to sue despite the potential block that might be imposed by statutes of limitations otherwise, ABC noted.

 

Giuffre has previously alleged that the late Epstein, who died in August 2019 awaiting trial in New York on federal child sex trafficking offenses, flew her to New York when she was 17 to have sex with Prince Andrew – something that the prince has repeatedly and vehemently denied.

 

Epstein’s one-time girlfriend and business companion, the British socialite Ghislaine Maxwell, is in jail in New York awaiting trial accused of procuring underage girls for Epstein. He had previously been convicted of child sex offenses in Florida and was arrested in New Jersey in July 2019 and brought to New York to face fresh charges. Maxwell has pleaded not guilty.

 

Giuffre gave the following statement to ABC News: “I am holding Prince Andrew accountable for what he did to me. The powerful and the rich are not exempt from being held responsible for their actions. I hope that other victims will see that it is possible not to live in silence and fear, but one can reclaim her life by speaking out and demanding justice.”

 

The statement continued: “I did not come to this decision lightly. As a mother and a wife, my family comes first. I know that this action will subject me to further attacks by Prince Andrew and his surrogates. But I knew that if I did not pursue this action, I would be letting them and victims everywhere down.”

 

Prince Andrew was named in a 2015 court filing by an alleged victim of Epstein, who was not then named but has since come forward to identify herself as Giuffre, in a civil case brought by women who say they were exploited by Epstein, a multimillionaire who was convicted in Florida of soliciting sex with an underage girl after a controversial plea deal with prosecutors.

 

She claimed she was forced to have sex with Andrew in London, New York and on Epstein’s private Caribbean island.

 

The allegations have prompted a series of denials on behalf of and by the prince of any impropriety with underage girls, including that he had sex with an underage Giuffre.

 

Giuffre is now 38 and lives in Australia. Her court filing on Monday was brought under the Child Victims Act, she said, to allege she was trafficked to Prince Andrew and sexually abused by him.

 

Giuffre said she “feared death or physical injury to herself or another and other repercussions for disobeying” Epstein, Maxwell and the prince because of their “powerful connections, wealth, and authority,” the lawsuit stated, while also adding that Andrew had known her age at the time.


prince andrew

‘Prince Andrew has been made the subject of a US lawsuit, a civil case brought by Virginia Roberts Giuffre.’ Photograph: Lindsey Parnaby/AFP/Getty Images

 

Of course Prince Andrew isn’t sweating over this lawsuit – he can’t

Marina Hyde

The Duke of York is the subject of a US civil suit brought by Virginia Giuffre, who alleges she was abused while a minor

 

Tue 10 Aug 2021 15.40 BST

https://www.theguardian.com/commentisfree/2021/aug/10/prince-andrew-sweating-lawsuit-duke-york-virginia-giuffre?CMP=fb_gu&utm_medium=Social&utm_source=Facebook&fbclid=IwAR0ZSIWOYa718KvT5xLL5APVTgeHiAIf08wiqXObZiPLPFc6oJ21yvFXAP8#Echobox=1628610673

 

“I could have worse tags than ‘Air Miles Andy’”, Prince Andrew once remarked, “although I don’t know what they are.” Yeah, well … SPOILERS. I’m not sure if the Duke of York would have better luck if he considered the question again today, in light of Various Events of the past few years. His infamous Newsnight interview revealed him to be a man of such baroque stupidity that in some ways its most sensational revelation was that Prince Edward must have been the clever one.

 

And so to events overnight in New York. For the first time, the Queen’s second son has been made the subject of a US lawsuit, a civil case brought by Virginia Giuffre, formerly Roberts, teenage victim of Andrew’s former close friend, the late underage sex trafficker Jeffrey Epstein. Giuffre alleges that the Queen’s second son sexually abused her when she was a minor on three occasions – in London, in New York, and in the US Virgin Islands. Quite a lot of air miles, there, though I fear we can rule out HRH cashing them in for a free flight to the US any time soon. The prince has not commented on the case but he has always denied the claims saying they’re false and without foundation.

 

He won’t be sweating even now, of course – as Andrew famously explained, he is biologically incapable of perspiration because he OD’d on adrenaline in the Falklands. And you know, no matter how many times I type that, I always need to take a moment to get my eyebrows down off the roof.

 

Anyway, this latest development may well represent Giuffre’s last available option for personal agency in pursuit of justice for her claims. Otherwise, she can only await the glacial creep of the various investigations into the now-dead Epstein and his associates, including the financier’s alleged procurer Ghislaine Maxwell, who is herself awaiting trial in the US.

 

Alas, accounts differ as to the level of the prince’s assistance with any of these various inquiries. Last January, the then-New York attorney general, Geoffrey Berman, declared HRH had offered “zero cooperation” up to that point. According to Berman, not a lot had changed six months later. “If Prince Andrew is, in fact, serious about cooperating with the ongoing federal investigation, our doors remain open,” he reiterated last summer, “and we await word of when we should expect him.” Reading that, you might have felt minded to pencil him in for the 12th of never, but the prince’s legal team countered that he had “on at least three occasions this year offered his assistance as a witness to the DOJ”. In the suit filed on Monday, the documents state: “Again Prince Andrew stonewalled - ignoring (the) plaintiff’s letter and emails without any reply or response, thereby making this action necessary now.”

 

Let’s move on, then, to a recap on the three locations referenced in Giuffre’s case. The Virgin Islands relates to Epstein’s private property in the territory, apparently known locally – though perhaps not altogether opaquely – as “Paedophile Island”. On the New York allegation, Prince Andrew has already asserted that he couldn’t have had “activity” with Giuffre at Epstein’s Manhattan address that night as he was staying with the then British consul general in New York, Sir Thomas Harris. Or as Harris put it: “It doesn’t sound like he stayed with me,” adding that he had “no recollection” of the claimed royal visit, and it had not appeared in the Court Circular as would be convention. The London allegation arguably comes with the most helpful aide memoire for the prince, what with the existence of a photo of Andrew with his hand resting on the bare hip of Giuffre in an upstairs room of Ghislaine Maxwell’s home. Maxwell herself is smirking in the background of the picture, allegedly taken after a visit by her, the prince, and Epstein to Tramp nightclub.

 

All sorts of claims have been made about this photograph and what it shows. Placing those allegations and denials to one side for a moment, let’s just focus on what we can see, and ask ourselves a basic question. Namely: what are three big-hitters in their 40s doing hanging round late at night with a 17-year-old runaway? Is this the behaviour of non-weirdos? Not really, let’s face it. Virginia Roberts wasn’t a whole lot older than Andrew’s eldest daughter at the time, which perhaps ought to have crystallised his thinking. Far better to take her to Pizza Express than to run the gauntlet of the aged slimeballs at Tramp.

 

Nor was it the behaviour of a non-weirdo to continue to hang out with a Tier 1 sex offender AFTER he had been to prison for procuring an underage girl for prostitution, as the Duke of York undeniably did in the case of Epstein. And let’s not forget it wasn’t just one girl, in some kind of he-said, she-said situation. As the Palm Beach police chief who ran the case summarised: “This was 50-something ‘shes’ and one ‘he’ – and the shes all basically told the same story.”

 

As for what’s next for Andy, I wouldn’t pin hopes on him being a blockbuster Tower of London exhibit for autumn. It was almost exactly two years ago that the fallout of his Epstein friendship hotted up for him again, and back then the prince headed straight to join the Queen’s summer retreat to Balmoral, where he was accompanied by his ex-wife Sarah Ferguson. Andrew was even prominently displayed in the prime seat next to his mother in the car on the way to the local church. He and Fergie then private-jetted off for a second time to Sotogrande – though oddly some random private plane Meghan and Harry had recently taken was deemed of far more febrile and condemnatory interest to most of Fleet Street at the time.

 

You certainly wouldn’t bet against the same pattern being followed this year. Prince Andrew and Fergie are already reported to be imminently expected at Balmoral, suggesting he is not exactly the Banned Old Duke of York. Perhaps we shall see him with mama again, pursing his lips with the grave satisfaction of one who knows that Balmoral’s humble kirk does not actually have an extradition treaty with hades.

 

In the immediate wake of the Newsnight interview, a YouGov poll found that a mere 6% of the UK public believed Prince Andrew to be telling the truth. It does seem particularly notable that he asserts he was “acting honourably” in flying all the way to New York in 2010, supposedly to end his friendship with Epstein. Strangely, he has yet to regard it as a matter of honour to fly to New York to clear his own name. If he fails to take up this new opportunity to do so in a court of law, he and his surrogates can hardly complain about being tried in the court of public opinion.

 

Marina Hyde is a Guardian columnist

This article was amended on 10 August 2021 to refer to the US Virgin Islands, not British Virgin Islands.



Why is Virginia Giuffre suing Prince Andrew and what could happen next?

 

As the alleged victim of sex offender Jeffrey Epstein files a lawsuit in New York, how will taking the action in the US affect the case?

 

Haroon Siddique Legal affairs correspondent

Tue 10 Aug 2021 17.28 BST

https://www.theguardian.com/uk-news/2021/aug/10/why-is-virginia-giuffre-suing-prince-andrew-and-what-could-happen-next

 

On Monday, Virginia Roberts Giuffre, an alleged victim of the sex offender Jeffrey Epstein, filed a lawsuit against Prince Andrew in federal court in New York. What has prompted her to take action now, and what may happen next?

 

What claims has Guiffre made?

Giuffre has accused Andrew of sexually abusing her at Jeffrey Epstein’s mansion in Manhattan and at other locations in 2001 when she was 17. Her legal claim alleges she “was compelled by express or implied threats by Epstein, [Ghislaine] Maxwell, and/or Prince Andrew to engage in sexual acts with Prince Andrew, and feared death or physical injury to herself or another and other repercussions for disobeying Epstein, Maxwell, and Prince Andrew due to their powerful connections, wealth and authority”. It further alleges that the prince knew she was a sex-trafficking victim and that she has suffered – and continues to suffer – “significant emotional and psychological distress and harm”.

 

Andrew has “absolutely and categorically” denied having sex with Roberts and Buckingham Palace has called the claims “false and without foundation”. Maxwell, who faces trial in Manhattan federal court in November, has pleaded not guilty to sex trafficking charges in Manhattan federal court. Epstein took his own life in jail in August 2019, a month after he was arrested on sex trafficking charges.

 

Why has she brought the lawsuit now?

In 2019, the then-New York governor Andrew Cuomo signed into law the New York state’s Child Victims Act, which provided victims whose claims had been time-barred with a one-year window to commence their action. Because of the pandemic, last year Cuomo extended the window to 14 August this year, meaning Giuffre had to file the lawsuit by Saturday. Cuomo has himself been accused of sexually harassing 11 women, one of whom has recently filed a criminal complaint. Cuomo has denied any wrongdoing.

 

Could she have sued in England?

The complaint by Giuffre says the action is being taken in New York because the defendant “sexually abused [the] plaintiff in this state, and has thus committed a tortious action within this state”. Richard Spafford, partner at Reed Smith, said: “In theory, she could sue for damages in England but, given the dates of the alleged offences, it is likely that Prince Andrew would be able to argue that any claim was time-barred and could not be brought.” As stated above, a change of law in New York meant the time since the alleged offence was not an obstacle to lodging a claim there.

 

What powers does the court have with respect to Andrew?

Spafford said: “If the claim progresses, the court will have extensive powers to order discovery of all relevant material, including phone records and diaries, private communications, etc (assuming those still exist)”. He could be called to give oral evidence but cannot be compelled to do so. Ultimately, he can choose his level of defence – if any – and compliance with court orders, although it risks negatively affecting his chances in the case and the chances of the court finding for the claimant. Edward Grange, a partner at Corker Binning, stressed: “Conduct said to give rise to a civil contempt, would not constitute an extradition offence.”

 

Do papers have to be served on him, and can he strive to avoid this?

Arick Fudali, a partner at the New York legal firm Bloom, which has represented nine of Epstein’s victims, said: “I’m sure Prince Andrew is aware of the lawsuit being filed but nonetheless he actually has to be personally served, which is not easy to do – not impossible, but it is not easy to do when the opponent is in another country. There are mechanisms in place where you can get service on someone in another country, but certainly it’s a difficult task.”

 

Could the case go to court? How would it differ from in England?

Often in civil cases parties reach settlement before the case gets to court – without the defendant admitting liability – but that seems unlikely in this case, with the complaint stating that Andrew has refused to explore alternative dispute resolution approaches. Assuming this does not happen and the case is not dismissed by the court beforehand, the case will go to a jury trial.

 

Spafford said the US and English systems were “generally similar” with the main difference being each party’s ability to depose opposition witnesses – get them to give evidence under oath – before trial in the US.

 

What role could Ghislaine Maxwell play?

It is likely that she could be called as a witness, potentially by either side.

 

Can Andrew travel to the US?

Spafford said: “[If he travelled to the US] it would then be more difficult for him to argue that he is not subject to the jurisdiction of the NY court.”


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