Prince Andrew is making another effort to throw out the civil case being brought against him by Virginia Roberts Giuffre, who claims she was forced to have sex with the prince.
In a filing Monday evening, Andrew, who just hours earlier was photographed horse riding near his home in Windsor Great Park, also asked the presiding judge to keep under seal some of his responses to Giuffre’s allegations.
Andrew controversially asked judge Lewis Kaplan to dismiss Giuffre’s complaint, arguing that the New York’s Child Victims Act, the legislation under which she is suing him, is flawed because it classifies those under the age of eighteen as minors, but the age of consent in New York is seventeen, the London Times reports. Giuffre alleges that she was seventeen when she was forced to have sex with the prince multiple times and at various locations around the world in 2001.
A notorious photograph of Andrew with his arm around a teenage Giuffre’s bare midriff, has circulated in the media for several years, but Andrew claims to have never met Giuffre. The photograph, which shows Ghislaine Maxwell in the background, was reportedly taken at her London apartment by Jeffrey Epstein, who died in a jail house suicide in 2019.
Andrew’s allies have previously planted stories in the press saying he believes the picture is a fake, a claim which has been met with stunned disbelief by his critics.
The London Times reports that the new filing from Andrew’s legal team argues that the Child Victims Act is “not a reasonable mechanism to address the injustice of child sexual abuse in New York” because it classifies under-18s as minors “even though the age of consent in New York is seventeen.”
Andrew is arguing that, “the issue of consent is unsettled with regard to those—like Giuffre—who were between the ages of seventeen and eighteen.”
The Times says that Andrew’s legal team, headed up by Andrew Brettler, acknowledge in the paperwork that it would be possible to prove lack of consent by showing evidence of an “implied threat” being made, but it would be difficult to prove “as memories fade, false memories are created and witnesses die or otherwise become unavailable.”
The filing adds, they report: “Here, the only witnesses to the purported implied threats under which Giuffre allegedly engaged in unconsented sex acts with Prince Andrew are Epstein (deceased), Maxwell (incarcerated), Prince Andrew (the accused) and Giuffre herself.”
The Times also reports that Andrew says he should be protected from legal action by Giuffre under the terms of a settlement she made with Epstein in 2009.
The Times said Kaplan “agreed a delay to January 14 last night.”