Virginia Giuffre will not settle her sexual assault case against Prince Andrew unless he makes a public apology to her and “vindicates” her claims against him, according to her lawyer.
The revelation follows Wednesday’s refusal from a New York judge to dismiss the case based on a 2009 settlement agreement between convicted sex offender Jeffrey Epstein and Ms Giuffre.
If the Duke of York refuses to apologise, which many might view as an admission of guilt, Ms Giuffre is minded to go to trial in the autumn as the money is not believed a driving factor for her in any settlement.
The demand for an apology comes ahead of the Duke’s next likely move to again attempt to have the case against him dismissed by Judge Lewis Kaplan.
Prince Andrew’s lawyers have asked Ms Giuffre to produce evidence of her domestic arrangements claiming she is not a US resident. She has been set a deadline of Friday to produce the evidence.
In order to bring a federal lawsuit in the US, one of the parties involved must reside in the country.
Commenting on the prospect of a settlement, Ms Giuffre’s lawyer David Boies said: “It’s very important to Virginia that this matter is resolved in a way that vindicates her, and the other victims of Jeffrey Epstein.
“I think what’s going to be important is that this resolution vindicates the claim she has made. A purely financial statement is not something Virginia is interested in.”
Mr Boies is also confident Ms Giuffre will be able to prove her right to have the case heard in the US, despite Mr Brettler’s plans to challenge in another attempt by the Duke to have the case dismissed.
While Ms Giuffre has lived and raised a family in Australia for the past 19 years, Mr Boies will claim she is only required to show she intends to return to the US, where she remains a citizen, to show she is domiciled there.
Mr Boies added that he was concerned that the high-profile nature of the case could distract from the core of allegations.
“I think there is a danger that, in any legal case, you lose sight of what is really the issue,” he told i. “While the lawyers are arguing about practical matters, like domicile and the constitutionality of statutes and whether the statute of limitations is passed, this is fundamentally a case about whether Prince Andrew abused a young girl.
“I think it’s important that we not lose sight of what the case is about amid all the focus, which is a legitimate focus, on legal arguments.”
Ms Giuffre is likely to produce her US driving licence and proof of her voting registration in her home state of Colorado, as well as a statement on her intention to return to the US with her family.
In his ruling rejecting the Duke’s attempt to have the case thrown out based on the settlement agreement between Epstein and Ms Giuffre, Judge Kaplan also made clear one of the alleged assaults is claimed to have taken place within his court’s jurisdiction.
His ruling stated: “Ms Giuffre alleges also that defendant abused her at Epstein’s mansion on the Upper East Side of Manhattan, which lies with this judicial district.”
Speaking to i out of court, Mr Boies also challenged any further attempt by the Duke to have the case dismissed, and said he will now have to provide evidence of claims he has made in his denials of Ms Giuffre’s allegations.
“I would say there are a number of issues that Prince Andrew has raised in an attempt to avoid going to the merits of the claims against him,” he said.
“Those issues include an attack on the constitutionality of New York’s recently passed statute that permits young women who were abused to sue their abusers, even if a number of years have passed.”
Mr Boies added that the prince will now have to prove the claims he made in the notorious Newsnight interview that he was at Pizza Express in Woking on the night that he is alleged to have assaulted Ms Giuffre at Ghislaine Maxwell’s London home, and that he is unable to sweat.
Ms Giuffre has alleged that the Duke “sweated profusely” while dancing with Ms Giuffre at a nightclub in London in March 2001 before moving on to Maxwell’s home.
Prince Andrew categorically denies the claim, as well as other allegations of sexual assault that Ms Giuffre, who was 17 at the time, says took place on Epstein’s private Caribbean island and in his New York mansion.
Mr Boies said: “He will have to confront the fact that he does not have any evidence to support his public assertions that he was at a Pizza Express when Virginia Giuffre alleges he was with her in Ms Maxwell’s London home, or that he could not have sweated on her because he has a medical condition that prevents him from sweating.”
Prince Andrew’s legal team and spokeswoman declined to comment.