Summary

  • A US woman, who accuses Prince Andrew of sexually assaulting her 20 years ago, has welcomed a judge's decision that she can take him to court

  • Virginia Giuffre is suing the Queen's second son, saying he sexually assaulted her on three occasions when she was under the age of 18

  • Giuffre alleges that the duke's friends - convicted paedophile Jeffrey Epstein and sex trafficker Ghislaine Maxwell - lent her out for sex with wealthy and powerful associates, including the prince

  • Andrew has constantly denied the allegations and attempted to get the case dismissed by a judge in New York

  • His lawyers had argued in court that Giuffre waived her rights to sue him as part of a settlement with Epstein

  • But Giuffre's team said only the parties of the settlement agreement could benefit from it, and not a "third party"

  • In a 46-page decision, judge Lewis A Kaplan in New York said the agreement "cannot be said" to benefit Prince Andrew

  1. Judge criticises 'ambiguous' deal with Epsteinpublished at 15:56 Greenwich Mean Time 12 January 2022

    District Judge Lewis A. Kaplan delivered his findings in a 43-page ruling. One thing that comes up time and time again is criticism of the 2009 deal that Ms Giuffre signed.

    Prince Andrew's lawyers argued that under the agreement, Giuffre had waived her right to pursue anyone else connected with convicted sex offender Jeffrey Epstein.

    But in the document, Judge Kaplan says that the agreement is ambiguous and open to too much interpretation for an important, legally binding deal.

    “The 2009 Agreement, whatever it was intended to mean, is riddled with drafting problems and ambiguities,” he writes.

    He especially zones in on the term “potential” defendants, and dedicates several pages to who this could or could not mean.

    “The meaning of the phrase is far from self-evident for a number of reasons,” he writes, adding that those who write contracts should give “meaning to every word and phrase”.

  2. The difference between civil and criminal casespublished at 15:44 Greenwich Mean Time 12 January 2022

    Lucia Osborne-Crawley

    This is a civil lawsuit and not a criminal case – which means it contrasts with the case we've recently heard against Ghislaine Maxwell, says Lucia Osborne-Crawley, a reporter with legal site Law360.

    Virginia Giuffre can bring this civil lawsuit against the prince in a personal capacity, but as an individual can't bring criminal charges, she says.

    "That's not to say that movement on this civil case might not see criminal charges being brought down the line," Osborne-Crawley says.

    She says what we saw with both Jeffrey Epstein and Ghislaine Maxwell was that over many years, many civil lawsuits were brought against them – which led to the US government ultimately bringing criminal charges.

    "The Prince Andrew situation is much more complex in terms of criminal charges, because he is not a subject of US jurisdiction," she says.

    Ghislaine Maxwell was found guilty of recruiting and trafficking young girls to be sexually abused by Jeffrey Epstein at the end of last year. She's awaiting sentencing.

    Prince Andrew has always denied all the allegations made by Ms Giuffre.

  3. How did the judge decide?published at 15:30 Greenwich Mean Time 12 January 2022

    At the heart of today's ruling is a 2009 settlement agreement between Virginia Giuffre and Jeffrey Epstein.

    The deal bars Giuffre from pursuing litigation against Epstein and anyone who could be a "potential defendant".

    Lawyers for Prince Andrew argued the prince falls into this "potential defendant" category - protecting him from any legal action by Giuffre.

    But Giuffre's team said only the parties of the settlement agreement could benefit from it, and not a "third party".

    In his ruling District Judge Lewis Caplan said the 2009 agreement "cannot be said" to benefit the Duke of York.

  4. Who is Virginia Giuffre?published at 15:15 Greenwich Mean Time 12 January 2022

    Lawyer David Boies arrives with his client Virginia GiuffreImage source, Reuters

    Virginia Giuffre, formerly Virginia Roberts, 38, is one of the most prominent accusers of convicted sex offender Jeffrey Epstein.

    Giuffre alleges she was brought from the US to Britain aged 17 to have sex with Prince Andrew.

    She says in 2001 the prince, Epstein, and his then-girlfriend Ghislaine Maxwell took her to a club in London.

    Giuffre alleges she was told by Maxwell that she had to "do for Andrew what I do for Jeffrey".

    She says she had sex with the duke upstairs at Maxwell's house in Belgravia later that evening.

    She alleges the duke assaulted her on two other occasions.

    Prince Andrew has denied all the allegations against him.

    He said Giuffre's account of their London meeting, nightclub visit, and sex at a house in Belgravia "didn't happen".

  5. Palace says it cannot commentpublished at 15:06 Greenwich Mean Time 12 January 2022
    Breaking

    Buckingham Palace has said it won't be able to comment on the legal developments regarding Prince Andrew, the Queen's second son.

    A spokesperson said: "We would not comment on what is an ongoing legal matter."

  6. Analysis

    Prince facing bruising cross-examination in courtpublished at 15:02 Greenwich Mean Time 12 January 2022

    Sean Coughlan
    BBC News, royal correspondent

    This outcome means difficult days and big decisions ahead for Prince Andrew.

    Trying to block the case using the deal between the dead paedophile Jeffrey Epstein and Virginia Giuffre was already heavy with reputational risks.

    With that rejected, the case against him will push ahead and lawyers for Giuffre and the prince will start testing each others’ stories, requiring detailed personal evidence.

    A civil trial in New York in the autumn is now on the horizon, where Giuffre can put her allegations.

    Prince Andrew, who has strongly rejected any wrongdoing, will have the chance to publicly clear his name.

    But it’s hard to imagine the Royal Family would want to see a bruising cross-examination in a New York courthouse.

    That could mean an out-of-court settlement. But that’s not the best look either, leaving the allegations unresolved.

    Good options are in short supply for a prince under pressure.

  7. What's the case about?published at 14:55 Greenwich Mean Time 12 January 2022

    If you are just joining us, here's a recap on how we got here.

    The Duke of York has been accused of sexual abuse in a civil case in the US.

    Virginia Giuffre says she was the victim of sex trafficking and abuse by Jeffrey Epstein from the age of 16.

    She alleges part of her abuse involved being lent out to other powerful men - including Prince Andrew.

    Giuffre says the duke sexually assaulted her on three occasions when she was under the age of 18. The first time was in 2001 in London, she alleges, after she was introduced to the prince by Epstein and his then-girlfriend, socialite Ghislaine Maxwell.

    Prince Andrew has consistently denied all the allegations against him.

    The duke says on the date Giuffre claims they met, he was looking after his children at home, taking his daughter Princess Beatrice to a party in Pizza Express in Woking, near London, and spending the evening at home.

    Read more about the accusations against Prince Andrew

  8. Ruling makes no judgement on Duke's guilt, judge sayspublished at 14:53 Greenwich Mean Time 12 January 2022

    In his verdict, Judge Lewis A Kaplan stressed that his ruling does not express any view as to the truth of Virginia Giuffre's allegations against Prince Andrew.

    "Given the court's limited task of ruling on this motion, nothing in this opinion or previously in these proceedings properly may be construed as indicating a view with respect to the truth of the charges or countercharges or as to the intention of the parties in entering into the 2009 Agreement," Judge Kaplan said.

  9. Prince Andrew loses bid to get US civil case dismissedpublished at 14:48 Greenwich Mean Time 12 January 2022
    Breaking

    Prince Andrew at the funeral of the Duke of EdinburghImage source, Getty Images

    Prince Andrew has failed in his bid to get a civil case which alleges he sexually assaulted Virginia Giuffre dismissed by a US judge.

    The Duke of York's lawyers had said the case should be thrown out, citing a 2009 deal Giuffre signed with convicted sex offender Jeffrey Epstein. But a New York judge ruled that the claim could be heard.

    This means Prince Andrew, who has consistently denied the allegations against him, now faces a civil trial.

    Follow us for live reaction to this news.