The British socialite and former girlfriend of Epstein is currently standing trial for allegedly grooming and recruiting underage girls from 1994 through to 1997.
Maxwell's brother Ian previously claimed that his sister was being mistreated while being held in jail awaiting trial, describing it as a 'fundamental abuse of human rights' that is 'designed to break her'.
And now, ahead of her defence case which opens on Thursday (16 December), a spokesperson for the Maxwell family told The Telegraph that it is 'unlikely' she will testify as she is 'too fragile'.
By not taking the witness stand, this means the 59-year-old will avoid being grilled about her relationship with Epstein, as well as other rich and famous friends who have been mentioned in the trial.
That includes Prince Andrew, who is being sued by Virginia Roberts Guiffre, the longtime Epstein accuser, for allegedly sexually abusing her when she was just 17 years old.
Although the Duke of York denies the claims, the Independent reports that two judges in New York have ruled that a secret settlement dating from 2008 which Andrew's lawyer has said would protect him from the lawsuit should be made public.
The deal was signed in 2009 between Epstein and Guiffre, who said the late financier sexually abused her and other women when they were underage.
Speaking about this latest statement regarding Maxwell, a source told the Mirror: "Ghislaine is perfectly entitled to refuse to give evidence. It is up to the prosecution to prove their case against her with or without her testimony.
They added: "Crucially for her defence team - whether she was fragile or not - by not having Ghislaine give evidence, it prevents the prosecution from asking her about her relationship with Epstein and others, including Prince Andrew, Donald Trump and Bill Clinton.
"If she does take the stand, it's likely the Government would have in the box for days."
Charges against Maxwell include conspiracy and enticing minors to travel to engage in illegal sex acts, and the transportation of minors to engage in criminal sexual activity.
She is also charged with sex trafficking of a minor from 2001 and 2004, as well as one count of sex trafficking conspiracy.
The 59-year-old has pleaded not guilty to all charges and faces up to 80 years in prison if convicted.
Words: Daisy Phillipson