Subsequently, the Duke of York could face a civil trial and being questioned under oath with ‘nothing off limits’.
Prince Andrew may be asked about topics such as his marriage, his sex life, and even intimate details about his body, The Mirror reports.
It is also anticipated that not only his ex-wife Sarah Ferguson, but his daughters, Princess Eugenie and Beatrice, could be deposed. The deposition of Meghan Markle, the Duchess of Sussex, who has previously been noted as checking ‘all three boxes’ as a witness, could also be discussed.
A lawyer of one of Epstein’s victims has even claimed that the Queen could be deposed.
Andrew’s disastrous BBC Newsnight interview will haunt him.
He mentioned his wife as well as his daughters. They can now all legally be deposed. The lawyers could even try for the Queen. I don’t doubt they will, but as a sovereign, it will be almost impossible to do.
While Prince Andrew’s lawyers tried to have the case dismissed on the grounds of Giuffre’s settlement with Epstein, they also attempted to have the case dismissed by arguing that Giuffre was above the age of consent, and questioning her right to file the lawsuit in the US when she currently resides in Australia.
If the Duke of York does face trial, and his lawyers are left unable to find another way to try and have the case dismissed, it will likely take place later this year, between September and December.
Giuffre and Prince Andrew’s lawyers will now exchange evidence and information about witnesses, all of which could be presented at trial, as the civil case has reached the ‘discovery’ phase.
The ‘discovery’ phase will also see both parties write transcripts or partake in videotapes as part of out-of-court statements given ‘under oath, under penalty of perjury of US law’.
While the Duke of York will no doubt be interrogated about his relationship with Epstein and convicted sex trafficker Ghislaine Maxwell, Kuvin explained that, in his view, ‘It is without question the Duke will be asked about his private parts.’
‘Nothing is off limits because if an underage girl can describe what the Duke of York’s private parts look like…. how would that be if they had not had a relationship,’ he noted.
According to legal experts, if the case should go to trial, the Prince would not even be required to travel to the US.
A source close to the Duke of York explained that while it was ‘not an option being considered at the moment’, Prince Andrew’s lawyers could push for the lawsuit to be settled outside of the court.
However, David Bois, the Duke of York’s lawyer, told The Sun how a ‘settlement is always a possibility’.
Boies noted that he expects the deposition to take place in February.
Prince Andrew has continued to strenuously deny the allegations and is said to be desperate ‘to clear his name’.
If the lawsuit is successful, Giuffre could reportedly ‘easily’ receive over £14 million for unspecified damages, according to Kuvin.
If you’ve been affected by any of these issues and want to speak to someone in confidence regarding the welfare of a child, contact the NSPCC on 0808 800 5000, 8am–10pm Monday to Friday, 9am–6pm weekends. If you are a child seeking advice and support, call Childline for free on 0800 1111
If you have been affected by any of the issues in this article and wish to speak to someone in confidence, contact the Rape Crisis England and Wales helpline on 0808 802 9999 between 12pm–2.30pm and 7pm– 9.30pm every day. Alternatively, you can contact Victim Support free on 08 08 16 89 111 available 24/7, every day of the year, including Christmas
Male Survivors Partnership is available to support adult male survivors of sexual abuse and rape. You can contact the organisation on their website or on their free helpline 0808 800 5005, open 9am–5pm Mondays, Wednesdays, Fridays; 8am–8pm Tuesdays and Thursdays; 10am–2pm Saturdays