Will Prince Andrew have to go to the US to testify in Virginia Giuffre lawsuit?

Duke lives in UK but faces New York trial

Prince Andrew faces a trial in New York over allegations he sexually assaulted Virginia Giuffre when she was underage after a US judge ruled her civil lawsuit can proceed to trial.

Ms Giuffre alleges the royal sexually assaulted her when she was 17. She is suing for unspecified damages, but there is speculation the sum could be in the millions of dollars.

The duke, who denies the allegations, had argued that a 2009 settlement between Epstein and Ms Giuffre in Florida would absolve him of liability but a New York district court has ruled against him.

Judge Lewis Kaplan on Wednesday ruled the settlement deal could not shield Andrew from the civil lawsuit.

His ruling paves the way for Ms Giuffre’s lawyers to enter into a protracted discovery and deposition phase of the trial that will require evidence from Andrew.

The prince is resident in the UK and has been living at Royal Lodge near Windsor. Lawyers for Ms Giuffre claimed to have served legal papers to his representatives through the gates of his royal residence.

He now faces a trial which is set to begin between September and December this year.

Judge Kaplan has set a deadline for depositions to be completed by 14 July. This means that out-of-court testimony to be used in the trial must be presented before then.

While not specified in the court papers, both Andrew and his accuser Virginia Giuffre are expected to answer questions under oath.

Depositions can be conducted in foreign countries under US law using internationally agreed procedures, so Andrew could remain in the UK for this phase of the trial.

He would also get to stay put if the case were settled out of court before the trial took place. Most lawsuits in the US are settled before a trial begins but a settlement could still take place while it is ongoing.

If the trial goes ahead, it is not clear whether Andrew would have to travel to the US testify in person, appear via a video link, or decline to participate.

His lawyers may try to appeal against Judge Kaplan’s Wednesday ruling either in the form of a motion of reconsideration or by appealing straight to the second circuit court of appeals. He could also ask the US Supreme Court to hear the case.

An appeal would likely delay proceedings.

The duke has vehemently denied Ms Giuffre’s allegations and his legal team has argued from the lawsuit’s first hearing that the case is “baseless”.