What awaits Prince Andrew after the rejection by justice in New York of his appeal against the civil complaint of an American who accuses him of sexual assault in 2001, when she was 17 years old?
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What awaits Prince Andrew after the rejection by justice in New York of his appeal against the civil complaint of an American who accuses him of sexual assault in 2001, when she was 17 years old?
For lawyers interviewed by AFP, if the second son of Queen Elizabeth II does not find a financial agreement with the plaintiff, Virginia Giuffre, 38, he will be tried in civil matters with a minimal risk for him of a trial criminal.
Can he appeal?
Yes. Following Manhattan Federal Court Judge Lewis Kaplan’s ruling released Wednesday, lawyers for the British prince can appeal. In theory, they even have the possibility of appealing to the Supreme Court of the United States, 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” rejects Ms Giuffre’s accusations, will have to give a sworn statement in a lawyer’s office, possibly in the UK, and answer questions from US counsel from the United Kingdom. complainant.
“It’s a less formal framework than a court, but it can be very long, last for hours and be quite aggressive,” a former prosecutor, Bennett Gershman, told AFP.
The prince’s responses would then be submitted as evidence before a jury in a civil lawsuit charged with ruling 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 – the residences of sexual predators Jeffrey Epstein and Ghislaine Maxwell, couple of friends of the prince – cannot be converted to criminal prosecution for sex crimes.
But nothing in the future prevents U.S. prosecutors from bringing criminal charges against Andrew if they believe he may have actually committed a crime.
Still, for former prosecutor Roger Canaff, possible criminal prosecution for “sexual assault” would not have a “legal basis” for US federal justice and would be prescribed at the level of New York State.
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 there.
AFP