Prince Andrew’s new bid to have sex abuse lawsuit thrown out with 11-page claim


The lengthy document was filed late on Monday night as 61-year-old Prince Andrew reacts with the hearing for his sexual assault case set to be held on January 4

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Prince Andrew has launched an aggressive legal bid to have Virginia Giuffre’s sex abuse lawsuit against him thrown out, calling it “unintelligible” and deliberately vague.

The Duke of York went further in his motion to have the case dismissed arguing the law that allowed her to sue in America was “unconstitutional”.

His legal team also argued he is prevented from being sued under a 2009 financial deal Giuffre made with Jeffrey Epstein, which barred her from pursuing the financier’s associates.

In an 11-page document filed late on Monday night, Andrew attacked Giuffre’s claims he raped and sexual abuse her after she was forced to sleep with him by the billionaire paedophile.

The Duke has “absolutely and categorically” denied her allegations.

Prince Andrew is said to be “stressed” by the impending case

In his motion to dismiss, the royal, 61, warns “memories fade and false memories are created” as he described his accuser’s complaint as “ambiguous at best and unintelligible at worst.”

He states she has repeatedly changed her version of events in the numerous interviews she has given.

“Perhaps it is Giuffre’s tendency to change her story that prompted her to keep the allegations of the complaint vague, so as not to commit to any specific account,” the papers read.

Of her claims, they add: “These highly subjective determinations are the kind most likely to be hampered by the passage of time, as memories fade, false memories are created, and witnesses die or otherwise become unavailable.

Prince Andrew partied with peadophile Jeffrey Epstein and pals Melania Trump and Gwendolyn Beck in Florida in 2000
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“Here, the only witnesses to the purported implied threats under which Giuffre allegedly engaged in unconsented sex acts with Prince Andrew are Epstein (deceased), Maxwell (incarcerated), Prince Andrew (the accused) and Giuffre herself.”

Giuffre has sued the Duke for unspecified damages, alleging he sexually abused her on three separate occasions in 2001 when she was 17.

She claims she was trafficked to London where she was forced to sleep with the Duke while she was a ‘teen sex slave’ of his then friend, Epstein.

Giuffre, now 38, has used New York’s Child Victims Act (CVA) that allowed those abused to sue their attackers until they turn 55 years old.

However, Andrew’s legal team have claimed the law is “unconstitutional”.

Andrew today launched a bid to have his sex abuse case thrown out
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In their filing, his lawyers argue that while the CVA allowed survivors to sue for abuses they suffered before they were 18 years old, the age of consent in New York is 17.

“The issue of consent is unsettled with regard to those – like Giuffre – who were between the ages of 17 and 18,” the filing said.

America’s statute of limitations typically prevents people from suing over child sexual abuse allegations once they turn 23.

But in 2019, New York lawmakers introduced a “look-back window” in the Child Victims Act that raised the deadline to 55 years of age, giving victims of decades-old abuse two years to file civil claims by August 14, 2021.

Mum-of-three Giuffre filed the lawsuit on August 9, just five days before the window closed.

Andrew also argues he is protected by a 2009 ‘release agreement’, which remains under seal, that is said to include a clause that prevented Giuffre from taking further legal action against certain associates of Epstein.

The Duke’s filing adds: “For someone who claims that the Release Agreement she signed in 2009 is entirely ‘irrelevant’ to this case, Giuffre devotes a significant portion of their opposition trying to avoid the application of its plain terms.

“Giuffre does not challenge the authenticity of the Release Agreement – nor can she reasonably do so, considering that her own counsel provided the document to Prince Andrew’s team with the permission of the Epstein Estate.

“Contrary to Giuffre’s mischaracterisations, Prince Andrew does not ask the Court to analyse the parties’ intent when entering into the Release Agreement. Rather, he requests that the Court recognise that the Release Agreement exists and that, on its face, it bars Giuffre’s claims against him.”

Epstein committed suicide in August 2019 while in jail. He was arrested a month earlier and charged with child sex offences.

Judge Lewis Kaplan will hear arguments on the motion to dismiss the case at a hearing on January 4.




www.mirror.co.uk

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George Holan

George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.

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