Judge deals blow to Andrew's hopes of having sex assault case dismissed - Royal Expert

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✅ Judge deals blow to Andrew's hopes of having sex assault case dismissed - Royal Expert

Judge Lewis Kaplan told the court that at this stage he "must assume the truth" that Andrew, 61, forced "a child to have sexual intercourse" with him. The judge promised a quick decision over the Duke of York's attempt to get him to dismiss a civil case for damages brought by Virginia Giuffre. Ms Giuffre, 38, is suing the prince, claiming he sexually assaulted her when she was 17 and a minor in some US states. She claims she was trafficked and forced by convicted paedophile Jeffrey Epstein and his sidekick Ghislaine Maxwell to have sex with the Queen's second son three times in 2001, including in London. The duke has consistently denied the allegations. His lawyer, Andrew Brettler, yesterday argued that Ms Giuffre's claim for unspecified damages–that could run into millions of dollars–should be thrown out because she signed a £370,000 settlement in 2009 with Epstein protecting "other potential defendants" from further legal action. But the judge said it was not clear what was meant by "potential defendants". He suggested the wording of the previously secret settlement implied only Epstein or Ms Giuffre could enforce the agreement and that it could not be used by a third party such as Andrew to protect themselves from legal action. He suggested the wording of the previously secret settlement implied only Epstein or Ms Giuffre could enforce the agreement and that it could not be used by a third party such as Andrew to protect themselves from legal action. He said the key issue was what Ms Giuffre and Epstein–who was found dead in a Manhattan prison cell in August 2019 while awaiting a sex trafficking trial–intended. Mr Brettler also argued that Ms Giuffre's claims were too vague and the duke needed to know the details to be able to defend himself. He said: "Miss Giuffre needs to lock herself into a story. Now–not sometime in the future after she conducts discovery and figures out where the chips may fall, she needs to allege today." But Judge Lewis Kaplan snapped back: "Mr Brettler, that's not a dog that's going to hunt here." The judge said he was obliged to accept as true a complaint in part of the motion that stated: "On one occasion, Prince Andrew sexually abused plaintiff in London at Maxwell's home. During this encounter Epstein, Maxwell and Prince Andrew forced plaintiff, a child, to have sexual intercourse with Prince Andrew against her will." The ninth in line to the throne vehemently denies the allegations and has insisted he has no recollection of ever meeting Ms Giuffre, a mother of three who was previously known as Virginia Roberts. If the case comes to court, it will be up to a jury to decide if her allegations are true on "the preponderance of the evidence"–whether it is more likely than unlikely. David Boies, Ms Giuffre's lawyer, insisted there was nothing in the 2009 settlement that covered Andrew: "The only claim that. covered Prince Andrew was the third count, which was to transport somebody for the purpose of illegal sexual activity. "There is no allegation that Prince Andrew was the person transporting.He was somebody to whom the girls were trafficked." Yesterday's hearing went on for about an hour before Judge Kaplan told both parties: "You'll have a decision pretty soon." Speaking later on Sky News, legal commentator Joshua Rozenberg QC said it was not looking good for Andrew on the key points of the 2009 settlement Ms Giuffre agreed with Epstein. He said: "What the judge seemed to be suggesting this meant was that the only people who could actually enforce this agreement were Jeffrey Epstein, and he of course is dead, and Virginia Giuffre. What is happening where you live? Find out by adding your postcode or visit InYourArea "And she has no interest in enforcing this agreement because she is trying to say that it doesn't apply.

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