A New York judge refused to dismiss the sexual assault lawsuit against Prince Andrew Wednesday.
U.S. District Judge Lewis Kaplan ruled that the Duke of York’s attorneys failed to challenge the constitutionality of the lawsuit brought against Andrew by his accuser, Virginia Giuffre, according to a report.
Giuffre alleges that the prince sexually abused her as a minor after she was trafficked by the late Jeffrey Epstein.
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She was 17 years old at the time, according to her attorneys.
A civil sex case trial will begin between September and December, the report noted.
The prince’s attorneys attempted to have the case thrown out because they argued Giuffre had lost her ability to sue the Duke of York after signing a $500,000 settlement agreement in 2009 with Epstein.
Giuffre had consented to “release, acquit, satisfy, and forever discharge” Epstein and “any other person or entity who could have been included as a potential defendant,” according to the agreement.
It is “unquestionable” that the member of the royal family could have been sued in 2009, Andrew Brettler, the attorney for the prince, said.
Thus, he must be considered a “potential defendant,” according to Brettler.
David Boies, Giuffre’s attorney, argued that because the 2009 lawsuit did accuse the prince of trafficking victims for unlawful sexual activity, he does not qualify as a “potential defendant.”
“He was somebody to whom the girls were trafficked. That’s a different criteria,” he said.
Kaplan ruled against Prince Andrew.
“The 2009 agreement cannot be said to demonstrate, clearly and unambiguously, the parties intended the instrument ‘directly,’ ‘primarily,’ or ‘substantially,’ to benefit Prince Andrew,” he said.
“Ms. [Virginia] Giuffre’s complaint is neither ‘unintelligible’ nor ‘vague’ nor ‘ambiguous,'” he continued. “It alleges discrete incidents of sexual abuse in particular circumstances at three identifiable locations. It identifies to whom it attributes that sexual abuse.”
The prince is not facing any criminal charges, and Giuffre could be seeking millions of dollars in damages, according to the report.
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“We would not comment on what is an ongoing legal matter,” Buckingham Palace said regarding the failed dismissal attempt.
