The woman who has accused Prince Andrew of sexual assault agreed not to sue anyone connected to Jeffrey Epstein who could be described as a “potential defendant”, a newly-released document shows.
The 2009 settlement between Virginia Giuffre and disgraced financier Epstein reveals he agreed to pay her $500,000 (£370,000) to end her legal claims against him.
Details of the confidential deal were made public on Monday following an order by US judges.
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Ms Giuffre, formerly known as Virginia Roberts, is suing the Duke of Yorkin a civil lawsuit in which she claims he “committed sexual assault and battery” upon her when she was 17.
Andrew, who has not been charged with any criminal offences, has vehemently denied the allegations against him.
His lawyers say Ms Giuffre’s settlement with Epstein “releases Prince Andrew and others from any purported liability arising from the claims” she has made against the royal.
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But Ms Giuffre’s legal team has said the agreement applies “at most” to people involved in litigation in Florida, thereby excluding Andrew.
On Tuesday, a New York judge will hear arguments on whether to dismiss Ms Giuffre’s lawsuit against the duke, which is seeking unspecified damages.
What are the ‘factual allegations’ stated in Virginia Giuffre’s lawsuit?
Her 2009 settlement with Andrew’s former friend Epstein reveals she agreed to dismiss her lawsuit against the financier “upon payment and clearance” of the $500,000.
The document states that this would also “forever discharge… any other person or entity who could have been included as a potential defendant… from all, and all manner of, action and actions of Virginia Roberts, including state or federal…”
It adds that the agreement “represents a final resolution of a disputed claim and is intended to avoid litigation”.
“The settlement agreement shall not be construed to be an admission of liability or fault by any party,” the document says.
Those involved in the settlement had agreed it was “not intended to be used by any other person, nor be admissible in any proceeding or case against or involving Jeffrey Epstein, either civil or criminal”, according to the document.
The settlement relates to a Florida state case to which the duke was not a party.
Andrew’s legal team has described the civil case against him as “baseless” and had argued it should be thrown out as Ms Giuffre now lives in Australia – and not the US where it is being held.
But Ms Giuffre’s lawyers said the duke should not have a “get out of jail free card” over matters of jurisdiction, and the judge dismissed the royal’s request.
Ms Giuffre alleges that she was trafficked by Epstein to have sex with Andrew when she was aged 17, a minor under US law, and was pictured with the royal and Ghislaine Maxwell during the period the alleged intercourse took place.
Her lawyers have asked for a wealth of information from Andrew’s legal team as they probe his BBC Newsnight interview when he said he was visiting a Pizza Express on the day of the claimed sexual encounter.
They have requested travel documents detailing the duke’s movements on Epstein’s planes and to his various homes, the duke’s visit to Pizza Express in Woking, and London’s Tramp nightclub where Ms Giuffre alleges she danced with a heavily sweating Andrew before they had sex.
In his Newsnight interview, Andrew claimed he had a medical condition at the time which meant he did not sweat.
The release of the 2009 settlement comes after Ghislaine Maxwell was found guilty of recruiting underage girls to be sexually abused by her ex-boyfriend Epstein, who killed himself in 2019 while awaiting trial on sex trafficking charges.
If judges do not throw out Ms Giuffre’s lawsuit against Andrew this week, a trial could be held between September and December 2022.