Lawyers for the 61-year-old Duke of York will argue that the lawsuit should be dropped due to a secret deal Victoria Guiffre made with billionaire paedophile Jeffrey Epstein in 2009
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A judge will decide today whether a civil sex abuse case against Prince Andrew will go ahead.
Virginia Guiffre, also known as Roberts, is suing the 61-year-old royal for alleged sexual assault dating back to when she was a teenager.
But lawyers for the Duke of York will argue that the lawsuit should be dropped due to a secret deal Ms Guiffre made with billionaire paedophile Jeffrey Epstein in 2009.
The details of the deal were made public on Monday by a New York court and reveals Ms Giuffre had agreed not to sue anyone connected to Epstein who could be described as a “potential defendant” – though doesn’t name Prince Andrew directly.
She was paid $500,000 (£371,000) to end her claim.
Andrew Brettler, the Duke’s lawyer, will argue the deal covers Andrew.
But David Bois, Virginia’s lawyer said: “The release is irrelevant to Ms Giuffre’s claim against Prince Andrew.
“It does not mention Prince Andrew. He could not have been a ‘potential defendant’ in the settled case against Epstein in Florida because it involved federal claims to which he was not a part.
“The actual parties to the release have made clear that Prince Andrew was not covered by it.”
US District Judge Lewis A Kaplan, who is presiding over the civil case, is due to hold a video teleconference today when a request by the Duke’s legal team to dismiss the case will be heard.
Ms Giuffre is suing the Queen’s son for allegedly sexually assaulting her when she was a teenager – saying she had been trafficked.
She claims she was trafficked by Epstein to have sex with Andrew when she was aged 17 and a minor under US law.
Ms Giuffre has alleged in the past she had sex with Andrew in London and New York when she was aged 17, a minor under US law, and again aged 18 on a private Caribbean island owned by Epstein where an orgy took place.
The 38-year-old described Andrew as “sweaty” and is seeking unspecified damages, but there is speculation the sum could be in the millions of dollars.
Andrew has denied all allegations saying he was unable to sweat at that time due to a medical condition and he doesn’t remember meeting Ms Giuffre despite a photo of them together.
Spencer Kuvin, who represents victims of Epstein, told The Sun that Andrew may not be in the clear.
He said: “Andrew is going to have a hard time on this — it is not clear-cut for his lawyers at all. I think he is going to still have to sweat on this lawsuit for a while. That is if he can.”
Judge Kaplan last week denied a motion from Andrew’s lawyers to halt the civil proceedings while the issue of where Ms Giuffre lives is dealt with.
The Prince’s legal team argued the US court had no jurisdiction over the royal or his accuser as both lived outside of the US.
They wanted Ms Giuffre to sit for a two-hour deposition to discuss where she was “domiciled” as she now lives in Perth, Australia.
The Duke has been asked to produce key documents in support of his alibi claiming he did not have sex with Ms Giuffre – including confirmation he did not sweat at that time due to a medical condition.
Ms Giuffre’s legal team have requested a wealth of information from Andrew’s lawyers as they probe his BBC Newsnight interview – during which he said he was visiting a Pizza Express on the day of the claimed sexual encounter.
Her lawyers have also requested travel documents detailing Andrew’s movements on Epstein’s planes and to his various homes, the Duke’s visit to Pizza Express in Woking and London’s Tramp nightclub where Ms Giuffre alleges she danced with a heavily sweating Andrew before they had sex.
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Andrew’s legal team have rejected requests for the documents citing various reasons, including stating the information is protected from disclosure by rights of privacy under the US Constitution and Article 8 of the European Convention on Human Rights.
His lawyers also state in papers filed to a New York court, the documents requested are already publicly available or the requests are “unduly burdensome, oppressive… duplicative and over broad”.
Last week Ghislaine Maxwell, 60, was convicted in the US of helping to entice vulnerable teenagers to the properties of Epstein, her former boyfriend, for him to sexually abuse between 1994 and 2004.
She was labelled “dangerous” by the prosecution and faces the rest of her life in jail.