New York, New York – Prince Andrew, the Duke of York, will be tried over allegations he sexually assaulted Virginia Giuffre when she was underage after a judge ruled her civil lawsuit can proceed.

Judge Lewis A Kaplan's decision was made public on Wednesday.

The ruling is a huge blow for Andrew, whose lawyer argued earlier this month the case should be thrown out, as he climed Giuffre had waived her right to pursue the duke by signing a confidential settlement with disgraced financier Jeffrey Epstein in 2009.

In the conclusion of his written ruling this week, Judge Kaplan said: "For the foregoing reasons, defendant's motion to dismiss the complaint or for a more definite statement is denied in all respects.

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"Given the court's limited task of ruling on this motion, nothing in this opinion or previously in these proceedings properly may be construed as indicating a view with respect to the truth of the charges or countercharges or as to the intention of the parties in entering into the 2009 Agreement."

Lawyers for both parties must now exchange documents and depositions by July 14.

Giuffre is suing the prince with claims he sexually abused her when she was under 18 at Epstein's properties in Manhattan, the US Virgin Islands, and London.

Andrew has denied the allegations and has not been charged with any crimes.