Prince Andrew has asked a judge to dismiss the sex abuse lawsuit against him by claiming Virginia Roberts Giuffre was over the age of consent.
Giuffre, nee Roberts, 38, claims that she was sexually assaulted by the Queen's second son three times: once in New York City, once in London at Maxwell's home, and once on Epstein's private island, known as Little St. James, in the US Virgin Islands, as per The Sun.
The 38-year-old filed a lawsuit in New York back in August. Prince Andrew has denied all allegations against him.
Roberts filed the case under the New York Child Victims' Act - which allowed victims to sue their alleged abusers if they were younger than 18 when it took place.
At the time, Virginia said she was holding Prince Andrew "accountable for what he did to me".
But the royal has asked a judge to throw out the lawsuit, claiming the legislation is "unconstitutional" and the "issue of consent is unsettled".
Per Independent, Prince Andrew's lawyer has argued for the civil claim against the royal to be thrown out by claiming that the woman who has accused him of sexual assault has a "tortured interpretation" of the law.
Hollywood-based lawyer Andrew Brettler is known for having represented many high-profile people that had been accused of sexual assault.
What's more, Brettler says the act is "not a reasonable mechanism to address the injustice of child sexual abuse in New York" as classifies those under the age of 18 as minors "even though the age of consent in New York is 17".
Prince Andrew argued, "the issue of consent is unsettled with regard to those - like Giuffre - who were between the ages of 17 and 18."
His lawyers wrote: "The Act revives claims for those who allegedly suffered harm as a result of certain sexual offenses they claim were committed against them when they were under the age of 18, even though the age of consent in New York is 17."
The legal team argued that accusers must establish a lack of consent by "implied threat" - but there are no third parties that can testify to the alleged abuse.
Andrew's lawyers added: "Here, the only witnesses to the purported implied threats under which Giuffre allegedly engaged in unconsented sex acts with Prince Andrew are Epstein (deceased), Maxwell (incarcerated), Prince Andrew (the accused) and Giuffre herself."
