Why is Virginia Giuffre suing Prince Andrew and
what could happen next?
As the alleged victim of sex offender Jeffrey Epstein
files a lawsuit in New York, how will taking the action in the US affect the
case?
Haroon
Siddique Legal affairs correspondent
Tue 10 Aug
2021 17.28 BST
On Monday,
Virginia Roberts Giuffre, an alleged victim of the sex offender Jeffrey
Epstein, filed a lawsuit against Prince Andrew in federal court in New York.
What has prompted her to take action now, and what may happen next?
What claims
has Guiffre made?
Giuffre has
accused Andrew of sexually abusing her at Jeffrey Epstein’s mansion in
Manhattan and at other locations in 2001 when she was 17. Her legal claim
alleges she “was compelled by express or implied threats by Epstein,
[Ghislaine] Maxwell, and/or Prince Andrew to engage in sexual acts with Prince
Andrew, and feared death or physical injury to herself or another and other
repercussions for disobeying Epstein, Maxwell, and Prince Andrew due to their
powerful connections, wealth and authority”. It further alleges that the prince
knew she was a sex-trafficking victim and that she has suffered – and continues
to suffer – “significant emotional and psychological distress and harm”.
Andrew has
“absolutely and categorically” denied having sex with Roberts and Buckingham
Palace has called the claims “false and without foundation”. Maxwell, who faces
trial in Manhattan federal court in November, has pleaded not guilty to sex
trafficking charges in Manhattan federal court. Epstein took his own life in
jail in August 2019, a month after he was arrested on sex trafficking charges.
Why has she
brought the lawsuit now?
In 2019,
the then-New York governor Andrew Cuomo signed into law the New York state’s
Child Victims Act, which provided victims whose claims had been time-barred
with a one-year window to commence their action. Because of the pandemic, last
year Cuomo extended the window to 14 August this year, meaning Giuffre had to
file the lawsuit by Saturday. Cuomo has himself been accused of sexually
harassing 11 women, one of whom has recently filed a criminal complaint. Cuomo
has denied any wrongdoing.
Could she
have sued in England?
The
complaint by Giuffre says the action is being taken in New York because the
defendant “sexually abused [the] plaintiff in this state, and has thus
committed a tortious action within this state”. Richard Spafford, partner at
Reed Smith, said: “In theory, she could sue for damages in England but, given
the dates of the alleged offences, it is likely that Prince Andrew would be
able to argue that any claim was time-barred and could not be brought.” As
stated above, a change of law in New York meant the time since the alleged
offence was not an obstacle to lodging a claim there.
What powers
does the court have with respect to Andrew?
Spafford
said: “If the claim progresses, the court will have extensive powers to order
discovery of all relevant material, including phone records and diaries,
private communications, etc (assuming those still exist)”. He could be called
to give oral evidence but cannot be compelled to do so. Ultimately, he can
choose his level of defence – if any – and compliance with court orders,
although it risks negatively affecting his chances in the case and the chances
of the court finding for the claimant. Edward Grange, a partner at Corker
Binning, stressed: “Conduct said to give rise to a civil contempt, would not
constitute an extradition offence.”
Do papers
have to be served on him, and can he strive to avoid this?
Arick
Fudali, a partner at the New York legal firm Bloom, which has represented nine
of Epstein’s victims, said: “I’m sure Prince Andrew is aware of the lawsuit
being filed but nonetheless he actually has to be personally served, which is
not easy to do – not impossible, but it is not easy to do when the opponent is
in another country. There are mechanisms in place where you can get service on
someone in another country, but certainly it’s a difficult task.”
Could the
case go to court? How would it differ from in England?
Often in
civil cases parties reach settlement before the case gets to court – without
the defendant admitting liability – but that seems unlikely in this case, with
the complaint stating that Andrew has refused to explore alternative dispute
resolution approaches. Assuming this does not happen and the case is not
dismissed by the court beforehand, the case will go to a jury trial.
Spafford said
the US and English systems were “generally similar” with the main difference
being each party’s ability to depose opposition witnesses – get them to give
evidence under oath – before trial in the US.
What role
could Ghislaine Maxwell play?
It is likely
that she could be called as a witness, potentially by either side.
Can Andrew
travel to the US?
Spafford
said: “[If he travelled to the US] it would then be more difficult for him to
argue that he is not subject to the jurisdiction of the NY court.”
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