Explainer: Prince Andrew’s civil case - What is alleged and what happens next?

If the case is not settled before the proposed trial date, the facts of the case will be tried in New York
Explainer: Prince Andrew’s civil case - What is alleged and what happens next?

Prince Andrew demanded a jury trial in the civil sex assault case against him. File Picture: PA

A court document has been published detailing the reasons why Prince Andre’s lawyers believe the civil sex assault case against him should be dismissed.

Here's a look at what is alleged against Andrew and what will happen next.

- Who is Virgina Giuffre?

Virginia Giuffre, also known as Virginia Roberts, alleges she was trafficked by disgraced British socialite Ghislaine Maxwell to be molested by financier Jeffrey Epstein and his friends.

Virginia Giuffre (Crime+Investigation/PA)

– What case does Andrew face?

Ms Giuffre has brought a case of battery and intentional infliction of emotional distress against the duke.

It is claimed she was trafficked by convicted sex offender Epstein and others to Andrew, who is alleged to have sexually abused her when she was under the age of 18.

– How many allegations does he face?

Court documents reference three separate occasions in which Ms Giuffre accuses him of sexual misconduct.

– Where is the alleged sexual abuse said to have taken place?

Ms Giuffre claims Andrew had sex with her against her will at Maxwell’s London home.

Ghislaine Maxwell and Jeffrey Epstein (US Department of Justice/PA)

She also alleges the royal forced her to engage in sex acts against her will at Epstein’s mansion on the Upper East Side of Manhattan.

Andrew is also alleged to have sexually abused Ms Giuffre on another occasion during a visit to Epstein’s private island, Little St James.

– Will Andrew have to face a civil trial?

If the case is not settled before the proposed trial date, the facts of the case will be tried in New York.

– When will this take place?

The trial is scheduled to take place between September and December.

The parties will need to confirm by July 28 whether they wish to proceed to trial.

– What form would that trial take?

Andrew is demanding a jury trial.

In the court document which communicated his reasons for requesting a dismissal of the case, Andrew’s lawyers stated: “Prince Andrew hereby demands a trial by jury on all causes of action asserted in the Complaint.”

– Would Andrew have to give evidence in the case?

It is likely he will be asked to give evidence under oath as part of the discovery process in what is known as a deposition.

– What would need to happen for the case not to go to trial?

Unless there are any other motions to dismiss the case, the duke would have to reach a settlement with Ms Giuffre.

This is usually a financial settlement where both sides go back and forth until a figure is reached.

– What are the reasons Andrew has given for the case against him to be dismissed?

He submitted 11 reasons why the case should be dismissed, including that Ms Giuffre’s claims are “barred by the doctrine of consent” and by “her own wrongful conduct”.

Andrew’s lawyers also asserted that Ms Giuffre should not be able to proceed because her claim for damages is “too speculative to be recovered at law”.

His legal team also stated that Ms Giuffre’s claims “fail to state facts sufficient to constitute viable causes of action against Prince Andrew”.

The document also argues that the claims should be dismissed because Ms Giuffre is a permanent resident of Australia.

– What has Ms Giuffre’s legal team said?

David Boies, who is representing Ms Giuffre, said his client and legal team were anticipating “confronting” the royal about his “denials and attempts to blame Ms Giuffre for her own abuse at his deposition and at trial”.

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