This story contains reference to sexual assault allegations
A United States judge has denied Prince Andrew's plea to dismiss a sexual assault lawsuit brought against the British royal, ruling that the case can move forward.
New York Judge Lewis Kaplan on Wednesday said in his ruling that Prince Andrew's motion to dismiss the civil complaint brought by accuser Virginia Giuffre was "denied in all respects".
Ms Giuffre alleges that late disgraced financier Jeffrey Epstein lent her out for sex with his wealthy and powerful associates, including Prince Andrew, an allegation that Queen Elizabeth II's second son has repeatedly and strenuously denied.
Prince Andrew's lawyers had last week urged Judge Kaplan to throw out the suit, citing a settlement that Ms Giuffre signed in 2009 with Epstein.
Prince Andrew's attorney, Andrew Brettler, said Ms Giuffre had "waived her rights" to sue other defendants in relation to alleged sex crimes committed by Epstein.
But Judge Kaplan said in his 46-page decision that the agreement was "riddled with drafting problems and ambiguities".
"The parties have articulated at least two reasonable interpretations of the critical language. The agreement therefore is ambiguous," he wrote.
The deal made public for the first time by a New York court this month showed that Ms Giuffre agreed to drop a civil claim against Epstein for $500,000 (A$687,000).
The settlement contained a provision purporting to protect "other potential defendants" from being sued related to alleged sexual abuse committed by Epstein, who killed himself in jail in 2019.
The agreement mentioned no names but Prince Andrew's legal team argued that it covered the royal.
Judge Kaplan said though, that it could not be determined that the agreement was intended "to benefit Prince Andrew" or "others comparable to him".
Members of the media outside the Thurgood Marshall United States Courthouse after British socialite Ghislaine Maxwell was found guilty of sex trafficking. Source: Anthony Behar/Sipa USA
The judge also noted that Prince Andrew was "not a party to the agreement between Epstein and Ms Giuffre".
"As a very general matter, the only persons who can enforce a provision of a contract are parties to that contract - the people who agreed to it," he wrote.
Ms Giuffre sued the prince for unspecified damages last year, alleging he sexually assaulted her in 2001 when she was 17 and a minor under US law.
Maxwell conviction
Ms Giuffre alleges Prince Andrew assaulted her at Epstein's home in New York and on Epstein's private island in the US Virgin Islands.
Ms Giuffre also alleges the prince also sexually abused her at the London home of Ghislaine Maxwell, who in December was found guilty of sex trafficking minors for Epstein, increasing the spotlight on Prince Andrew.
The 61-year-old prince has not been criminally charged.
Judge Kaplan noted that he wasn't ruling on whether or not Ms Giuffre's allegations were true.
"The law prohibits the court from considering at this stage of the proceedings defendant's efforts to cast doubt on the truth of Ms Giuffre's allegations, even though his efforts would be permissible at trial," said the judge.
The case could go before a jury trial in the latter half of this year if Ms Giuffre and Prince Andrew are unable to reach a settlement.
Her lawyer David Boies said Ms Giuffre was "pleased" that "evidence will now be taken concerning her claims against him".
"She looks forward to a judicial determination of the merits of those claims," he said in a statement.
Prince Andrew's lawyers did not immediately respond to AFP's requests for comment.
The prince has rarely been seen in public since he was forced to quit the royal frontline in 2019 for failing to distance himself from Epstein, who killed himself in prison that year while awaiting trial on sex trafficking charges.
In a disastrous 2019 interview with the BBC, Prince Andrew said he had "no recollection of ever meeting" Ms Giuffre.
He denied her claim that they had shared a sweaty dance at a London nightclub, saying that at the time he could not sweat due to a condition related to having fought in the 1982 Falklands War.
Ms Giuffre's lawyers recently demanded that Prince Andrew hand over medical records proving that he is unable to sweat.
Prince Andrew's legal team has accused Ms Giuffre of seeking to profit from a "baseless lawsuit".
If you or someone you know is impacted by sexual assault, call 1800RESPECT on 1800 737 732 or visit . In an emergency, call 000.
