A lawyer for Britain's Prince Andrew told a New York judge today that he should dismiss a sexual assault lawsuit against the UK royal because of a settlement his accuser signed in 2009.
Andrew Brettler said Virginia Giuffre had "waived her rights" to sue other defendants in relation to alleged sex crimes committed by late disgraced financier Jeffrey Epstein.
"Miss Giuffre intended to release a broad category of individuals, including royalty, including businessmen," said Mr Brettler, referring to the agreement between Ms Giuffre and Epstein which was made public for the first time yesterday.
Concluding his arguments, the Duke of York's lawyer said the case against his client filed by Virginia Giuffre should "absolutely be dismissed".
"She has given plenty of interviews all over the world, then files this lawsuit.
"It is unfair, it is unjust, it should be dismissed."
The lawyer acting on behalf of Virginia Giuffre, David Boies, said Andrew would not be a "potential defendant" as referred to in the civil case documents released yesterday for two reasons.
Mr Boies said: "The only claim that is asserted that was made in Florida in the 2009 action that covered Prince Andrew was the third count which was to transport somebody for the purpose of illegal sexual activity.
"There is no allegation that Prince Andrew was the person transporting.
"There is no allegation that Prince Andrew fell into the category of people who were doing the trafficking. He was somebody to whom the girls were trafficked."
Mr Boies said that the argument made by the Duke's lawyers that the complaint was unconstitutional was inconsistent with what they had said in their motion to dismiss, where they had made "clear that they were attacking the legislative decision" made at the time.
He said the argument of the duke's lawyers today that "we have to allege some imminent threat of death" was inconsistent with what they had said previously in the motion to dismiss.
This is where they had said Ms Giuffre and "other similarly situated individuals" could have been considered not to have consented in situations where they did not "expressly acquiesce".
He said that the issue of lack of consent was much wider than the "imminent threat of death".
Judge Lewis Kaplan told both parties he would make a decision on whether to dismiss the case against the Duke of York "very soon".
He said: "I appreciate the arguments and the passion. You will have a decision very soon."
Ms Giuffre alleges that Epstein lent her out for sex with his wealthy and powerful associates, including Prince Andrew, an allegation he has repeatedly denied.
A deal made public for the first time by a New York court shows that Ms Giuffre agreed to drop a civil case against Epstein for $500,000 in Florida in 2009.
The settlement contained a provision that purports to protect "other potential defendants" from being sued related to alleged sexual abuse committed by Epstein, who died in jail two-and-a-half years ago.
She 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.
The 61-year-old royal has not been criminally charged.
Ms Giuffre says Prince Andrew assaulted her at Epstein's home in New York, and on his private island in the US Virgin Islands.
She alleges he also sexually abused her at the London home of Ghislaine Maxwell, who was last week found guilty of sex trafficking minors for Epstein.
Maxwell, who introduced Prince Andrew to Epstein in the early 1990s, faces life behind bars after being convicted by New York jurors of five of the six counts she faced following a high-profile month-long trial.
Epstein died aged 66 in a Manhattan jail in 2019, in what New York's coroner ruled was a suicide, after being charged with child sex trafficking charges.
He was convicted in 2008 of paying young girls for sexual massages at his Florida mansion but served just 13 months in jail after striking a deal with the state prosecutor at the time.
Prince Andrew has rarely been seen in public since he was forced to step back from royal duties in 2019 for failing to distance himself from Epstein.
In a disastrous interview with the BBC that year, he denied Ms Giuffre's 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.
Last week, Ms Giuffre's lawyers demanded that Prince Andrew hand over medical records proving that he is unable to sweat.
His legal team has accused Ms Giuffre of seeking to profit from a "baseless lawsuit".
On Friday, Judge Kaplan rejected their attempts to halt progression of the suit on the grounds that Ms Giuffre now lives in Australia.