A New York judge validated on Wednesday January 12 the complaint of an American woman against Prince Andrew for sexual assault in 2001 when she was 17 years old
What awaits Prince Andrew after the New York court rejected his appeal against the civil complaint of an American who accused him of sexual assault in 2001, when she was 17?
For lawyers, if the second son of Queen Elizabeth II does not find a financial agreement with the complainant, Virginia Giuffre, 38, he will be tried in civil court with a minimal risk for him of a criminal trial.
Can he appeal?
Yes. Following the decision released Wednesday by Manhattan Federal Court Judge Lewis Kaplan, the British prince’s lawyers can appeal. In theory, they even have the possibility of appealing to the Supreme Court of the United States, but experts doubt that the procedure will go that far.
What civil lawsuit?
If all of Andrew’s appeals against Virginia Giuffre’s complaint fail, a civil trial could be held “between September and December” of this year, Judge Kaplan said in the fall of 2021.
In this case, the Duke of York, who “categorically” rejects Ms Giuffre’s accusations, will have to give a sworn statement in the office of a lawyer, probably in the United Kingdom, and answer questions from American counsel for the complainant. “It’s a less formal setting than a court but it can be very long, last for hours and be quite aggressive”, explains a former prosecutor, Bennett Gershman.
The prince’s answers would then be submitted as evidence before a jury in a civil trial set to rule on financial compensation for the plaintiff. “If he does not appear, he will be judged by default and the judgment will be unfavorable to him”, also warns New York lawyer Richard Signorelli.
Can Andrew be prosecuted?
The complaint that Virginia Giuffre filed in New York in August 2021 for “sexual assaults” allegedly carried out in 2001 in London, New York and the US Virgin Islands – residences of sexual predators Jeffrey Epstein and Ghislaine Maxwell, couple of friends du prince – cannot be converted into a criminal prosecution for sex crimes.
But nothing prevents US prosecutors in the future from initiating criminal proceedings against Andrew if they believe that he may indeed have committed a crime. Still, for former prosecutor Roger Canaff, possible criminal prosecution for “sexual assault” would have no “legal basis” for US federal justice and would be prescribed at the level of the State of New York.
In addition, even if the British royal prince would not benefit from diplomatic immunity, according to the press, American lawyers believe that it would be very difficult to have him extradited to the United States for possible trial.