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- 14
It's a civil court case. I can't speak for the jurisdiction that the case will be heard in, but in the UK civil cases are delineated noticeably differently to criminal cases. In other words, criminal cases outcomes are determined "beyond reasonable doubt" for a conviction while civil cases are determined by "weight of probability". Therefore to secure a guilty verdict all you need is 51% or so to speak.I wasn't aware of that it won't be a court case though. So I guess this means that Andrew can't be sentenced to jail like Ghislaine Maxwell was?
If found guilty in a civil matter, that's egregious enough, the courts can impose a custodial sentence if aggravating factors deem it in the public interest. Ghislaine Maxwell was tried and convicted in a criminal prosecution.
I'm quite sure that believing she was older, given her consent or unaware to the fact that she was a victim of sex trafficking can be offered in Andrew's defence.It is possible he thought she was older, that she had consented to it and that he didn't realize she was a victim of sex trafficking.
But, surly the fact that she was too young to legally give consent means that he has committed an offence. Being aware or ignorant to the fact that she was trafficked could be argued. One might suggest that a law abiding citizen would takes appropriate measures to ensure that their actions and behaviours remain lawful. Especially if one is in a position such as his. Even if the position is an accident of birth.