"During this encounter, Epstein, Maxwell, and Prince Andrew forced, a child, to have sexual intercourse with Prince Andrew against her will." Max Mumby/Indigo/Getty ImagesĪn earlier filing by Giuffre's lawyer read: "On one occasion, Prince Andrew sexually abused in London at Maxwell's home. His team say she was above the legal age of consent at the time she alleges he sexually abused her. Prince Andrew, seen at Ascot Racecourse on July 27, 2019, is being sued by Virginia Giuffre. "While lack of consent is established as a matter of law for individuals who were under the age of seventeen at the time of the alleged underlying sexual offense, the issue of consent is unsettled with regard to those-like Giuffre-who were between the ages of seventeen and eighteen." Their court filing, seen by Newsweek, reads: "The CVA revives claims for those who allegedly suffered harm as a result of certain sexual offenses they claim were committed against them when they were under the age of eighteen, even though the age of consent in New York is seventeen. Prince Andrew's team are arguing she may be classed as a child under the CVA, but not under consent laws and therefore she must prove she didn't consent. The CVA requires a criminal offense to have been committed against a child under 18, while New York law records the age of consent at 17, creating a grey area.
The lawsuit relies on the New York Child Victims Act, which created a window in which child abuse victims could bring historic claims that would ordinarily be considered out of time. The duke's lawyers argued, however, that she was an adult under consent laws and therefore will need to actively prove she didn't consent in order for the claim to proceed.
If considered a minor by the court, she would only need to prove sex took place between her and Andrew in order to have a case. Read more Prince Andrew Hypocritical for Framing Accuser as Money Grabbing-Author
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