EXCLUSIVE: Judge questions whether third Ghislaine Maxwell accuser - who she 'groomed and befriended' in London in 1994 - could actually be considered 'a victim' - just days before sex trafficking trial begins
Judge Alison Nathan has ordered prosecutors to file a letter explaining whether one of Ghislaine Maxwell's accusers could be 'deemed a victim' in the case
In a court order obtained by DailyMail.com, Nathan said she wasn't satisfied with the letter opposing Maxwell's motion to exclude evidence from 'Minor Victim 3'
Prosecutors were asked to 'provide its position' as to whether the accuser could be considered a 'victim' of the crimes in the indictment 'for any legal purpose'
'The Government's supplemental letter does not address this issue,' judge ruled
She allowed prosecutors to file another letter 'for the sake of clarity' by Monday
There are four accusers mentioned in the indictment against Maxwell identified only as Minor Victims 1-4. Minor Victim 3 is understood to be British
Maxwell is alleged to have 'groomed and befriended' Minor Victim 3 in London between approximately 1994 and 1995 when she knew the girl underage
The British socialite previously filed a motion asking for the accuser's evidence to be excluded because she had 'not alleged any illegal conduct whatsoever'
By DANIEL BATES FOR DAILYMAIL.COM
PUBLISHED: 19:27 GMT, 8 November 2021
One of the four accusers in the Ghislaine Maxwell sex trafficking trial could potentially be excluded from the case after federal prosecutors failed to address whether the woman could actually be considered a 'victim,' a judge ruled.
Judge Alison Nathan noted in court last Monday that the age of consent in the UK is 16 and that 'Minor Victim-3' could not recall if she was 17 or 18 when she was allegedly groomed for pedophile Jeffrey Epstein by the British socialite.
The inconsistencies could mean that the accuser's claims may not be used for the three counts of conspiracy-related charges against Maxwell.
The prosecution was asked to 'provide its position' as to whether the accuser 'could be considered a "victim" of the crimes charged in the indictment for any legal purpose...'
But they were presented with a potential legal setback over the weekend when Nathan said she was not satisfied with their letter opposing Maxwell's motion to exclude evidence.
In a court order filed in New York on Saturday, Nathan wrote that the prosecution's submitted letter did 'not address this issue.'
Such a development so close to the start of the trial could also be a significant boost to Maxwell.
The British socialite, 59, denies recruiting and trafficking underage girls for Epstein to abuse between 1994 and 1997.
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Minor Victim 3 is understood to be British. Her identity has not been publicly revealed.
'At the November 1, 2021 conference, the Court asked the Government to provide its position as to whether Alleged 'Victim-3' could be considered a 'victim' of the crimes charged in the indictment for any legal purpose,' Judge Nathan wrote in Saturday's filing.
'The Government's supplemental letter does not address this issue,' she added.
Nathan acknowledged that the court's request 'may have been unclear' before giving prosecutors a second chance to file a supplemental letter responsive to the question 'on or before' 12pm Sunday.
Maxwell is charged with three counts of conspiracy-related charges including, enticing minors to travel to engage in illegal sex acts, enticement of a minor to travel to engage in illegal sex acts, and conspiracy to transport minors with intent to engage in criminal sexual activity.
As the judge saw it, the victim's evidence could be used to establish whether Maxwell was aware of the 'sexual nature of the massages,' performed on Epstein.
It could also be used to discuss Maxwell's 'M.O.', however, the judge now appears to be reconsidering if the woman can be used in any capacity.
The remaining counts are: transportation of a minor with intent to engage in criminal sexual activity, sex trafficking conspiracy, and sex trafficking of a minor.
Two counts of perjury will be tried separately.According to the indictment, Maxwell 'groomed and befriended' Minor Victim 3 in London between approximately 1994 and 1995 when she knew that the girl was under the age of 18.
The indictment states that Maxwell discussed Minor Victim 3's 'life and family' with her and introduced her to Epstein.
The indictment states: 'During those interactions, Maxwell encouraged Minor Victim 3 to massage Epstein, knowing that Epstein would engage in sex acts with Minor Victim 3 during those massages.
'Minor Victim 3 provided Epstein with the requested massages and during those massages, Epstein sexually abused Minor Victim 3.'
Maxwell had previously filed a motion asking for Minor Victim 3's evidence to be excluded because she had 'not alleged any illegal conduct whatsoever.'
Her filing stated that the woman was 'not a minor' in the UK and that she 'cannot establish' whether Maxwell or Epstein sought to ask her to travel while she was underage.A graying and shackled Ghislaine Maxwell appeared at a pretrial hearing at federal court in New York Monday November 1, ahead of jury selection later this month
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