Epstein Accuser Sues Prince Andrew For Alleged Assault — But Can Her Case Go To Trial?

Prince Andrew, the second son of Queen Elizabeth II, was sued in a New York court by a woman who claimed she was sexually assaulted by the royal when she was “lent out” at the age of 17 by disgraced financier Jeffrey Epstein. However, a significant obstacle needs to be overcome in order for the case to go to trial.

The Lawsuit: Virginia Giuffre, now 38, filed her lawsuit on Aug. 9 in U.S. District Court in Manhattan, citing “Prince Andrew, Duke of York” as the defendant.

According to a BBC report, Giuffre alleged she "was regularly abused by Epstein and was lent out by Epstein to other powerful men for sexual purposes.” Giuffre claimed the prince sexually abused her at the London residence of Epstein associate Ghislaine Maxwell and at Epstein's homes in Manhattan and the U.S. Virgin Islands.

The lawsuit also stated the prince was aware of her age “that she was a sex-trafficking victim,” but nonetheless forced her to have sex without her consent.

“In this country no person, whether president or prince, is above the law, and no person, no matter how powerless or vulnerable, can be deprived of the law’s protection,” the lawsuit stated.

Giuffre, who previously made the claims against the prince in lawsuits filed against Epstein and Maxwell, filed her lawsuit under New York’s Child Victims Act, which was signed into law in 2019 by Gov. Andrew Cuomo to allow childhood sexual abuse survivors an extra year to file a case that was either time-barred or expired.

The Royal Response: There is no precedent for a member of the British royal family to face a U.S.-based civil lawsuit. A spokesperson for the 61-year-old Prince Andrew said there was “no comment” on the lawsuit.

Epstein was arrested in July 2019 and was found dead in his New York City jail cell one month later. The medical examiner’s office ruled the cause of death was ruled as a suicide by hanging.

In November 2019, Prince Andrew discussed Epstein in a BBC interview that refuted Giuffre’s accusations, adding he had no recollection of ever meeting her — although a photo of the two with Maxwell from 2010 has surfaced.

The interview was widely regarded as a public relations fiasco, resulting in the prince stepping back from his royal duties, and he later issued a follow-up statement in which he said, “I continue to unequivocally regret my ill-judged association with Jeffrey Epstein.”

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What's Next: Giuffre’s lawsuit is a civil case — no criminal charges have ever been brought against Prince Andrew. Although U.S. Attorney for the Southern District of New York Geoffrey Berman complained in January 2020 that the prince gave “zero cooperation” to prosecutors investigating the Epstein case, despite a request by U.S. prosecutors to the U.K. government to make the prince available for questioning.

In a civil lawsuit, the prince would be the subject of a deposition, and he would also be required to produce evidence if he contested the case. If Prince Andrew does not respond to the lawsuit, Giuffre would have a legal victory by default and the court could set the level of damages.

However, there is one crucial step that Giuffre needs to overcome in order for her case to proceed: Prince Andrew has to be served with court documents, which will be very difficult given both his U.K. residency and the lack of easy access to members of the royal family.

In a BBC Radio 4 interview, attorney Arick Fudali of the New York City-based The Bloom Firm, which represents nine alleged Epstein victims, acknowledged the prince needed to be served in person in order for the lawsuit to proceed.

“Technically yes,” Fudali said. “It's a bit antiquated, but yes we still have to have personal service typically on defendants in the U.S. There are some ways around that, for instance I think there's a way you could potentially serve a representative or there's something called service by publication. But for the most part he's going to have to be served personally.”

Photo: Prince Andrew addressing a Royal Navy function in 2013.