One of Ghislaine Maxwell‘s accusers will give testimony detailing a ‘repugnant’ sexual act by Jeffrey Epstein at her sex trafficking trial later this month, after a judged ruled that she will be allowed to testify.
The woman, identified as ‘Minor Victim 3’, is set to describe the ‘morally reprehensible’ encounter with the billionaire pedophile as evidence of his sexual preference for young women and underage girls.
However, Maxwell’s lawyers accused prosecutors of making ‘eleventh hour’ changes to the case against their client after it emerged that two out of the four ‘minor victims’ set to testify were over the age of consent under local laws at the time.
The defense claims there’s a danger that the jury may convict Maxwell based on a ‘moral judgement of sexual activity which was entirely legal.’
Maxwell, 59, watched on as her lawyers sparred with prosecutors over how the testimony of the four victims should be presented to the jury in a final preparatory hearing on Tuesday. Her sister Isabel was sat in the public gallery.
The court is still in the process of selecting jurors for Ghislaine Maxwell’s sex trafficking trial, set to begin on November 29
Court documents obtained by DailyMail.com show one of Maxwell’s accusers will give testimony detailing a ‘repugnant’ sexual act by Jeffrey Epstein, for whom the British socialite is accused of procuring young girls
The exact nature of the sexual act was redacted in the letter – obtained by DailyMail.com – from attorneys for Maxwell, who is accused of recruiting and trafficking underage girls for Epstein.
The motion was filed ahead of a ruling by Judge Alison Nathan who, after considering submissions from the defense and prosecution, ruled that the woman can give evidence but in a limited capacity.
Minor Victim 3, who is understood to be British, met Epstein and Maxwell in 1994 when she was around 17 years old.
According to the indictment, Maxwell ‘groomed and befriended’ the girl in London in the 1990s and arranged for ‘multiple’ sexualized massages with Epstein.
In their letter to the court, prosecutors claimed that it is clear that the woman ‘can reasonably be characterized as a “victim of alleged sexual misconduct”‘ and that her testimony of supports charges of conspiracy.
But Maxwell’s lawyers argued that the woman’s evidence should be excluded because it could unfairly sway the jury given she was over the age of consent in the UK, which is 16.
They wrote that prosecutors have been ‘candid’ that the woman’s evidence was to show Epstein’s ‘alleged ‘sexual preference’ for young girls and Maxwell’s purported knowledge of his sexual preference.’
Maxwell’s lawyers are opposing the decision to include the testimony, arguing that the witness was over the age of the consent at the time
Maxwell, 59, who is accused of procuring underage girls for pedophile Jeffrey Epstein, is set to stand trial on sex trafficking charges on November 29. She has pleaded not guilty to all charges
The letter said that prosecutors have ‘frequently pointed to a particular anecdote in Accuser-3’s testimony in which she claims that…’ followed by a redacted section.
After the redacted text, the filing states: ‘While some may find this morally reprehensible, or even repugnant, it is perfectly legal and does not in any way establish a “sexual preference” for underage girls.
‘Moreover, to the extent the government is seeking to introduce Accuser-3’s evidence to show Epstein’s sexual preference for ‘young girls’ – which would include women who are young, but still above the age of consent like Accuser-3 – that would mislead the jury and invite them to convict Ms. Maxwell based on a moral judgment of sexual activity which, in the case of Accuser-3, was entirely legal’.
Judge Alison Nathan is currently presiding over the Ghislaine Maxwell trial
Maxwell’s lawyers stated that if the woman does give evidence then jurors should be told the age of consent in all the jurisdictions where she was allegedly trafficked to.
They include Florida, the US Virgin Islands – where Epstein had a private island – and the UK, the first time the scale of the alleged abuse for Minor Victim 3 has been revealed.
A letter from the prosecution argued that the woman’s evidence was relevant even if she was over the age of consent because it showed the ‘core of the conspiracy’ for which Maxwell is charged.
The prosecution letter said: ‘Epstein and the defendant were not checking victims’ identifications at the door to ensure they were above the age of consent in whichever location they were at the time.
‘Just as Epstein’s prurient interest in girls did not switch off at midnight of their 17th birthday, neither did it toggle on and off as his plane crossed into jurisdictions with different ages of consent.
‘Rather, Epstein and the defendant were engaged in a wide-ranging conspiracy to recruit girls for sexual abuse in multiple jurisdictions with differing ages of consent.’
Maxwell, 59, denies all allegations against her, which cover a period between 1994 to 2004.
Virginia Roberts Giuffre will not be testifying during Maxwell’s trial but will be giving off-the-record briefings to reporters. She has previously claimed she was forced to have sex with Andrew. The Duke of York has consistently denied all sexual allegations made against him
Giuffre (right with Prince Andrew), has been one of Epstein’s most vocal accusers but she will not be testifying at the trial of Ghislaine Maxwell. She has long claimed that she was a victim of Epstein’s sex trafficking ring throughout the early 2000s when she was a teenager (Ghislaine can be seen, pictured right)
At least four accusers are set to testify against Maxwell with three of them being granted anonymity.
But one of Epstein’s most well-known accusers, Virginia Roberts Giuffre, will not take to the stand in Maxwell’s trial despite naming names of those who took part in the billionaire’s alleged trafficking ring, reports revealed Monday.
It is not yet clear why she is not being called to testify in Maxwell’s trial, but Giuffre’s lawyers has suggested his client was not part of the case against the socialite because she was 17 at the time, which is over the age of consent in some of the locations where her alleged abuse is said to have taken place.
Giuffre has spoken openly over the years about the alleged abuse and described Maxwell as ‘pure evil’, saying: ‘Epstein was a sick pedophile but Maxwell was the mastermind.’
She has claimed in media interviews and various depositions that Epstein, together with Maxwell trafficked her to powerful men.
They include Prince Andrew, Alan Dershowitz, former New Mexico governor Bill Richardson; former Democratic Senate Majority Leader George Mitchell; the late MIT computer scientist Marvin Minsky; and MC2 model agency cofounder Jean-Luc Brunel.
All of the men have consistently and strongly denied the allegations.
Lawyers for Prince Andrew, who is being sued by Giuffre in a New York court, have claimed the decision not to call Giuffre in the criminal case against Maxwell undermined her credibility in the New York lawsuit.
Although she won’t be appearing on the stand, Giuffre is said to be planning on holding off-the-record remote briefings for reporters throughout the trial from her home in Australia, according to Vanity Fair.
Opening statements in the sex trafficking trial, which could see Maxwell jailed for 80 years if she is convicted, are due to take place on November 29.
The trial is expected to stretch to mid-January.