NEW YORK | 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?
• Read also: Epstein case: Prince Andrew fails to dismiss a complaint in the United States for sexual assault
For lawyers interviewed by AFP, 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 lawsuit. penal.
Can he appeal?
Yes. Following the decision made public on Wednesday by Manhattan Federal Court Judge Lewis Kaplan, the British prince’s lawyers can appeal. They even theoretically have the possibility of appealing to the United States Supreme Court, 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 that case, the Duke of York, who ‘categorically’ denies Ms Giuffre’s accusations, will have to give a sworn statement in a solicitor’s office, likely in the UK, and answer questions from US counsel from the complainant.
“It’s a less formal setting than a court but it can be very long, last for hours and be quite aggressive,” former prosecutor Bennett Gershman told AFP.
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 tried by default and his judgment will be unfavorable,” 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 of the prince — cannot be converted into 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.
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