Lawsuit by Alleged Epstein Sex Victim Could Be Devastating For Embattled Prince Andrew

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Prince Andrew was sued on Monday in New York City by alleged Jeffrey Epstein victim Virginia Roberts in a bombshell civil suit seeking “substantial” damages over allegations of sexual abuse.

Embattled Prince Andrew faces the potential likelihood of thrusting even more embarrassment upon his Mother, Queen Elizabeth II, amid his mounting legal woes.

On Monday night the permanently nonactive member of the royal family was hit with a civil lawsuit in New York City by Virginia Roberts Giuffre, an alleged Jeffrey Epstein victim.

The 38-year-old woman, who now lives in Australia with her husband and three children, testified in court that she was trafficked and forced to have sex with both Epstein and the British royal while under the age of 18. The two formal allegations contained in the suit are battery and infliction of emotional distress.

According to the document, “Prince Andrew intentionally committed battery by sexually assaulting Plaintiff when she was a minor.”

“On multiple occasions Prince Andrew intentionally touched (Roberts) in an offensive and sexual manner without her consent,” says the lawsuit.

Prince Andrew's actions are described as “extreme and outrageous conduct that shocks the conscience” in the section of the lawsuit that deals with the formal allegation of “intentional infliction of emotional distress”.

“Prince Andrew's sexual abuse of a child who he knew was a sex-trafficking victim, and when he was approximately 40 years old, goes beyond all possible bounds of decency and is intolerable in a civilised community,” continues the suit.

The Duke of York is accused of “publicly feigning ignorance about the scope of Epstein's sex-trafficking operation and sympathy for Epstein's victims”. In a statement to ABC News, Virginia Roberts Giuffre said:

“I am holding Prince Andrew accountable for what he did to me. The powerful and the rich are not exempt from being held responsible for their actions. I hope that other victims will see that it is possible not to live in silence and fear, but one can reclaim her life by speaking out and demanding justice.” ‘Sexual Abuse’ Allegations

The alleged victim claims the first time she was forced to have sex with Prince Andrew was at the London residence of Ghislaine Maxwell, Epstein's alleged “pimp”, who is currently behind bars, awaiting trial slated for November. The British socialite has pleaded not guilty to charges of sex trafficking minors, among other things, and faces up to 35 years in prison.

© AP Photo / John MinchilloIn this Thursday, July 2, 2020, file photo, Audrey Strauss, Acting United States Attorney for the Southern District of New York, gestures as she speaks during a news conference to announce charges against Ghislaine Maxwell for her alleged role in the sexual exploitation and abuse of multiple minor girls by Jeffrey Epstein, in New York

The second offence was committed ostensibly in early 2001 at the New York mansion of the late paedophile, who was accused of setting up a criminal network for the sexual exploitation of girls, including minors.

The third alleged incident is said to have taken place on Epstein's private island in the Caribbean.

The millionaire was arrested in New York in July, 2019. As he awaited a sex trafficking trial, the tycoon died at a federal Manhattan prison under suspicious circumstances, with his demise officially pronounced a suicide.

© REUTERS / Handout .U.S. financier Jeffrey Epstein appears in a photograph taken for the New York State Division of Criminal Justice Services' sex offender registry March 28, 2017 and obtained by Reuters July 10, 2019.

During each incident laid out in the lawsuit, Prince Andrew “sexually abused (Roberts) for the purpose of gratifying his sexual desires”.

Under the claim for battery, the lawsuit states Prince Andrew's actions “constitute sexual offenses as defined in (New York law) including but not limited to sexual misconduct as defined (as) rape in the third degree, rape in the first degree”.

The document underscores that despite promising in his “car crash” Newsnight interview to cooperate with the FBI criminal probe into the activities by Epstein and Maxwell, Prince Andrew failed to act on his pledge.

In January 2020 the United States attorney in Manhattan publicly lamented the fact saying, “To date, Prince Andrew has provided zero cooperation.”

What’s Next For British Royal?

This is the first time that the Duke of York, who does not enjoy diplomatic immunity like his Mother, Queen Elizabeth II, has become the subject of a lawsuit. According to legal experts cited by the outlet, the immunity is granted to the Queen and her immediate household.

Back in June 2020, the then-attorney general, William Barr, commented on Prince Andrew’s connection with the FBI investigation, saying:

“I don't think it's a question of handing him over… I think it's just a question of having him provide some evidence.” Prince Andrew is seen with Virginia Roberts during a visit to New York with Andrew's friend and alleged "pimp" Jeffrey Epstein

Furthermore, since Roberts' case against Prince Andrew is a civil one, rather than a criminal filing by prosecutors, the issue of extradition may not be relevant. According to the text of the UKâ€"US extradition treaty of 2003, extradition appears to apply only to criminal felonies.

“Extradition is to be granted if the offence is defined as extraditable under UK law and as a felony under U.S. law, in addition to the requirement that the offence be punishable by imprisonment or other form of detention for more than one year or by the death penalty,” says the treaty.

The Duke could be charged with an offence in the UK, if there were grounds to do so. Under the current circumstances, the royal is considered unlikely to venture a trip to the US, despite not being charged with any crime. According to legal experts cited by the UK media, American prosecutors could decide to request a subpoena from a judge to question Prince Andrew in court.

However, he could refuse to answer questions, by “taking the 5th” and invoking his right against self-incrimination.

“It is important to remember that Prince Andrew has not been charged with any offence in the US. The FBI is investigating whether he has material evidence that could assist in its criminal investigation of alleged sex trafficking,” Daniel Sternberg, a barrister at Temple Garden Chambers in London, was cited as saying by the BBC.

Commenting on the lawsuit, a source was cited by the outlet as saying:

“This could be devastating for Andrew. If he chooses to fight it and is deposed [forced to give evidence], then those depositions could end up being made public. If he ignores it, he could be found guilty in absentia which would be a public relations disaster.”

Prince Andrew's lawyers have not yet offered an official comment on the civil lawsuit. The royal and Buckingham Palace continue to deny any wrongdoing.

“It is emphatically denied that [Prince Andrew] had any form of sexual contact or relationship with [Giuffre]. The allegations made are false and without any foundation,” the Palace said in a statement.

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