Prince Andrew, the Duke of York will argue that a sexual abuse lawsuit filed against him is invalid. Photo / Getty Images
Prince Andrew, the Duke of York will argue that a sexual abuse lawsuit filed against him is invalid. Photo / Getty Images
The Duke of York will argue that a sexual abuse lawsuit filed against him is invalid because his accuser struck a secret deal with Jeffrey Epstein referencing "royalty".
Virginia Roberts Giuffre settled with the convicted sex offender Epstein in 2009 for undisclosed damages after lodging a criminal complaint accusing him of sexual exploitation and abuse.
The confidential agreement they signed in Florida, in which she allegedly vowed not to take further action against the financier or his associates, has remained sealed.
But after Giuffre sued the Duke for undisclosed damages, claiming she was forced to have sex with him three times when she was 17, the document has become of significant interest to his legal team.
His US-based lawyer, Andrew Brettler, told a pre-trial hearing last month he believed it released the Duke and others from "any and all potential liability."
The agreement was last week released to the Duke's legal team on the orders of a judge.
The reference to royalty is likely to be seized upon by his legal team as they argue it nullifies Giuffre's claim.
No other member of the royal family has been implicated in the Epstein scandal or is thought to have come into contact with Giuffre, allowing them to insist it could only apply to Prince Andrew.
Virginia Giuffre holding a news conference outside a court in New York in 2019. Photo / AP
The reference appears to accord with Giuffre's original complaint against Epstein, filed under the pseudonym Jane Doe in Florida, which stated: "In addition to being continually exploited to satisfy the defendant's every sexual whim, Plaintiff was also required to be sexually exploited by defendant's adult male peers, including royalty, politicians, academicians, businessmen and/or other professional and personal acquaintances."
The ensuing settlement was used by Alan Dershowitz, Epstein's former lawyer, to get an abuse claim Giuffre made against him struck out.
Chance of case being dismissed
He urged the judge in his case, Loretta Preska, to unseal the document, warning he was "not compelled not to sit back silently" knowing its contents.
"The issue before the court is a matter of professional ethics and the interests of justice," he said.
Dershowitz told the Telegraph: "I cannot imagine how the case against the Prince will not be dismissed based on the dismissal of the case against me."
However, it is understood that while the royal reference is considered helpful to the Duke's case, and gives his team grounds to argue that it should be thrown out, it is not quite as clear-cut as they might have hoped.
David Boies, Giuffre's lawyer, has described it as "irrelevant" to the case.
He originally urged a judge not to disclose the document to Prince Andrew, but later changed tack and said he should be allowed the opportunity to review it and "make whatever arguments they believe appropriate based on it."
The Duke has until October 29 to respond to the civil suit. A remote hearing is scheduled for November 3.
His team, led by Mr Brettler, is hoping to get the case thrown out before it gets to discovery and depositions, either by using the confidential settlement or by challenging jurisdiction.
Scotland Yard announced last week it would not pursue a criminal investigation based on Giuffre's claim that she was trafficked to London to have sex with Prince Andrew.
A source close to the Duke said the decision had "come as no surprise," adding that he had "always vigorously maintained his innocence and continues to do so".
