Prince Andrew will have to testify under oath after his attempt to dismiss a sexual abuse lawsuit against him failed Tuesday, The Telegraph reports.
After a hearing that lasted an hour and 15 minutes, Judge Lewis A. Kaplan, who serves on U.S. District Court for the Southern District of New York, ruled that plaintiff Virginia Giuffre's civil suit against the duke of York could proceed.
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Epstein associate Ghislaine Maxwell was found guilty last month of procuring underage girls for Epstein to sexually abuse.
Andrew's lawyer, Andrew Brettler, argued last week that, under the terms of a recently unsealed 2009 settlement agreement between Giuffre and Epstein, the case ought to be dismissed. The settlement stipulated that Giuffre drop her case against Epstein and not pursue legal action against "any other person or entity who could have been included as a potential defendant." In return, Giuffre was paid $500,000.
Kaplan was skeptical of Brettler's arguments at the time, and his Wednesday ruling came as no surprise.
According to Kaplan's ruling, the agreement "cannot be said to demonstrate, clearly and unambiguously, the parties intended the instrument 'directly,' 'primarily,' or 'substantially,' to benefit Prince Andrew," and therefore the case must be allowed to move forward.
The Telegraph noted this was Andrew's final attempt to have the case dismissed. Now, his only chance to avoid trial this fall is to request a summary judgment. Otherwise, he will have to testify under oath.
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