Prince Andrew, Duke of York, filed with the Southern District Court of New York a request for Judge Lewis Kaplan to dismiss the sexual assault lawsuit against him filed by Virginia Roberts Giuffre, who alleges that when she was just 17 years old, that she allegedly had sex with the British royal on several occasions and in different countries.
by Maibort Petit
PrinceAndrew's petition states that Giuffre's lawsuit,
based on New York's Child Victims Act, is flawed
because it classifies those under 18 as minors, but the age of consent in New York is from 17.
Giuffre sued the Duke of York,
son of England's Queen Elizabeth, in August 2021 alleging that Jeffrey Epstein and Ghislaine Maxwell forced her to have sex with the Prince at least three times in London, New York and the U.S. Virgin Islands when she was just 17.
The filing by Prince Andrew's lawyers 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 those under the age of 18 as minors "even though the age of consent in New York is 17."
The petition filed by the Duke of York, through his lawyer Andrew Brettler, argues that "the question of consent is not resolved with respect to those, like Giuffre, who were between 17 and 18 years old."
He warns that, in relation to Giuffre's allegation, it would be possible to prove a lack of consent by showing evidence of an "implicit threat," but it would be difficult to prove "as memories fade, false memories are created, and witnesses die or become unavailable."
The letter delivered to the court notes that: "Here, the only witnesses to the alleged implied threats under which Giuffre allegedly engaged in sexual acts without consent with Prince Andrew are Epstein (deceased), Maxwell (imprisoned), Prince Andrew (the defendant) and Giuffre herself."
Prince Andrew further argues that Giuffre should protect him from legal action under the terms of a deal she made with Epstein in 2009.
A judge has already ruled that the settlement agreement will remain sealed in Giuffre's case against the prince.
Kaplan agreed that the parties' deadline for submitting requests for letters rogatory or letters of request was extended to January 14, 2022.
Letters rogatory or letters of request are a formal request from a court to a foreign court for some type of judicial assistance. The most common remedies sought by letters rogatory are service of process and taking of evidence.
The judge also ordered that on January 3, 2022, the Court will publish the full document of the people who managed to obtain a share of the fortune of the late Mr. Jeffrey Epstein.
Kaplan also ordered on December 14 that 49 letters of motion on this case be sealed.
Why this report is important....
This report will be one of many. With our southern borders open, sex and human trafficking are a real concern. Of course none of those situations will get the attention and media of this sensational case.
We must speak up for the most vulnerable, our children.....
This situation raises another point. Can someone like Prince Andrew who is rich and powerful hire top attornies who can find loopholes in the law.
Where the truth doesn't matter.
About the Author
Maibort Petit is a Venezuelan writer, researcher and political scientist specialized in Transnational Organized Crime. Based in New York, she works for various Hispanic media outlets and as a consultant for various firms in New York and Washington DC.
A conservative investigative reporting team is a non-profit organization whose mission is to protect your Freedoms and bring you the information to attain that goal.