The Queen's son Prince Andrew now potentially faces the shame of a warts-and-all trial.
The Queen's son Prince Andrew now potentially faces the shame of a warts-and-all trial.
OPINION:
On the face of it, Judge Kaplan's refusal to dismiss Virginia Roberts Giuffre's civil sex assault case against the Duke of York appears to be a catastrophic blow.
Effectively defenestrated from the monarchy, the Queen's son now potentially faces the ignominy of a warts-and-all trial that will make his car crash Newsnight interview feel like a Q&A on Mumsnet.
It is not just that Andrew's somewhat bizarre claims about being unable to sweat and spending the night at Pizza Express in Woking rather than at Tramp nightclub with his alleged victim will be placed under intense scrutiny. The discovery process, when both he and Giuffre will be questioned by the other's lawyers under oath, before the world's media, is likely to cause embarrassment not only to the royal father-of-two, 61, but also to his family.
There has already been talk of his ex-wife Sarah, Duchess of York, being called to give evidence along with their eldest daughter Princess Beatrice, in a bid to corroborate his Pizza Express alibi. It is not yet known whether the Duke will have to be "deposed" or interviewed in person in New York - or via video-link.
A discovery process, in which he will be questioned by lawyers under oath before the world's media, is likely to cause embarrassment not only to the royal father-of-two, 61, but also to his family. Photo / AP
Be it in person or remote, the first court appearance by a member of the Royal family since Princess Anne pleaded guilty to a charge under the dangerous dogs act at Slough County Court in 2002 will mark an extraordinary chapter in a damaging saga that has dragged on for more than a decade.
Which perhaps goes some way to explaining why the Duke's team is refusing to rule out a settlement with Giuffre in a bid to avoid any further humiliation.
The 38-year-old mother of three claims Jeffrey Epstein forced her to have sex with Andrew in his New York mansion, in London, and on the late billionaire paedophile's private island in the US Virgin Islands in 2001 when she was 17.
The Duke vehemently denies the claims and says he has no recollection of even meeting her.
That infamous photo of Prince Andrew and his accuser Virginia Giuffre (then Roberts), allegedly taken when she was just 17 years old. Photo / US District Court Southern District of Florida
As such there is also a potential plus side for a Duke who is so certain he did nothing wrong that he agreed to spend an hour explaining himself to the BBC's Emily Maitlis in 2019 - a move which attracted so much criticism he was forced to step back from public duty four days later.
Unlike having the case thrown out on a legal technicality - or indeed settling out of court for an "undisclosed sum" - the only real way Andrew can have any hope of clearing his name is with a court victory.
Of course, it is a high stakes gamble, not least when the burden of proof in civil cases is on a balance of probabilities.
Giuffre will only have to prove that the Duke "probably" assaulted her whereas Andrew faces an uphill battle to prove the negative that he didn't - not least when there appears to be no evidence to back up his claim that he was eating pizza on the London night in question in March 2001, let alone his "peculiar medical condition".
Yet since he and his legal team have long claimed Giuffre's "money-hungry" testimony is full of holes - now is their chance to call her bluff in open court.
Although a photograph exists of Ghislaine Maxwell's flat in London, what evidence has she actually got that she even met Andrew in New York or the Caribbean?
The obvious pitfall of such an aggressive strategy is that, in the aftermath of the MeToo movement, the Duke ends up being branded a victim-blamer on top of everything else.
Virginia Giuffre (nee Roberts) was a vulnerable teen when she was allegedly trafficked by Jeffrey Epstein. Photo / AP
But with his reputation already shot to pieces, it is arguably a risk worth taking.
In the meantime, I understand he is going to be advised to lay low so this sorry saga does not cast a further shadow over the Queen's Platinum Jubilee year.
There has been talk of the former Royal Navy pilot being stripped of his royal and military titles until the outcome of the case.
A better idea might be for a Duke who so fiercely protests both his innocence and his love for his mother to relinquish them now, confident that he will be cleared come autumn.
