Prince Andrew is facing civil charges by Virginia Giuffre for abuse in the United States. The American, who was 17 at the time of the crime, is demanding damages of an unknown amount from the Queen’s son. stern spoke to the lawyer Dr. Jürgen Rodegra on the case.
Prince Andrew’s noose is tightening. The case, which is currently causing a sensation worldwide, damaged the reputation of the entire British royal family. in Berlin with approval in the US state of New York, explains what can happen to the member of the royal family under American criminal law.
Dr. Rodegra, can you explain to us why Prince Andrew should be put on civil trial?
I understand from the media that the criminal charges are already statute-barred, at least under the law of the state in which charges would be brought. However, this does not apply to any claims for damages. These are to be asserted in civil proceedings. These claims for damages are therefore the subject of the present lawsuit.
How likely is it that Prince Andrew will appear in court in person?
With regard to the clarification of facts and the taking of evidence, US civil procedure law differs fundamentally from German law. In the USA, the facts are first clarified in a procedure preceding the court proceedings in which the court is not involved, the so-called “pre-trial discovery”. This procedure is solely the responsibility of the lawyers involved. In this procedure, the parties must answer extensive questions on the facts under oath. Prince Andrew could also be personally invited to this.
Can Prince Andrew be forced to appear at the trial?
He cannot be forced to participate. A non-appearance would at best lead to procedural disadvantages for him, which can, however, be serious. However, the survey could also be in writing or outside the US, for example in the UK. After completion of the “pre-trial discovery”, the actual court hearing takes place. Prince Andrew could be personally invited to this by the court.
What happens if the prince doesn’t show up despite being invited?
Although Prince Andrew cannot be compelled to appear at the court hearing, ie he cannot be produced, failure to appear would be considered “contempt of court”, which is a punishable offense in the USA. He would also have to fear serious procedural disadvantages.
Does a prince enjoy immunity or can the process go to Great Britain be relocated?
Prince Andrew does not enjoy immunity as he does not hold government office. It is theoretically possible to relocate the “pre-trial discovery” to Great Britain, but not to relocate the actual court hearing.
Can he still reach an out-of-court agreement with the plaintiff with appropriate compensation?
An out-of-court agreement, a so-called “settlement” with the plaintiff Virginia Giuffre, is possible at any time and is very common in the USA, especially in very complex legal disputes in which a conviction in the millions is threatened.
Is there another way to avoid the abuse process?
There are numerous defenses available under US civil procedure law to defendant’s attorneys to challenge the admissibility or merits of a claim. These objections are referred to as “motions”. It seems that Prince Andrew’s lawyers have already largely exhausted these “motions”. If there isn’t a “settlement” yet, the court proceedings will probably take place.
What’s the worst that Prince Andrew could face if convicted?
Since the legal dispute at hand is not a criminal case, but a civil case and thus probably a jury trial, the trial can certainly end in a conviction of several million US dollars. For this reason, there is much to suggest that an attempt will be made in good time to reach an out-of-court settlement with the plaintiff.
Can Prince Andrew enter the US if convicted?
Since the present case is not a criminal proceeding, there is basically nothing to prevent a conviction from entering the USA.
Can Prince Andrew be extradited to the US?
An extradition of Prince Andrew from Great Britain to the USA is excluded. However, this does not apply to other countries. Should Prince Andrew travel to Switzerland, for example, it cannot be ruled out that extradition will take place from there. However, this would require the issuance of an international arrest warrant as part of criminal proceedings, or at least a request for extradition. Criminal proceedings are probably not pending, at least at the moment.
Source From: Stern
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