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News » vai de bet: Explainers » Why Harvey Weinstein Rape Conviction Got Overturned in New York, Looking Back at #MeToo Scandal
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Why Harvey Weinstein Rape Conviction Got Overturned in New York, Looking Back at #MeToo Scandal

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Harvey Weinstein, 72, will remain in prison because was convicted in Los Angeles in 2022 for another rape and sentenced to 16 years. (AP File Photo)
Harvey Weinstein, 72, will remain in prison because was convicted in Los Angeles in 2022 for another rape and sentenced to 16 years. (AP File Photo)

According to the New York Court of Appeals, the trial judge in the rape case was prejudiced as the accusations by other women witnesses were not part of the charges against Hollywood mogul Harvey Weinstein

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A court in New York City has overturned rape conviction of Hollywood movie producer Harvey Weinstein, reopening the painful memories of sexual misconduct by powerful personalities in America that sparked off the most talked about #MeToo movement.According to the New York Court of Appeals, the trial judge in the rape case was prejudiced as the accusations by other women witnesses were not part of the charges against him.

In its 4-3 decision, the court’s majority said it was an “abuse of judicial discretion” for Judge James Burke to allow testimony from other women about “loathsome alleged bad acts and despicable behaviour,” news agency Associated Press reported.

Weinstein’s attorney Arthur Aidala had argued that Burke also swayed the trial by giving prosecutors permission to confront Weinstein about his past history that include alleged acts of misbehaviour.

In an interview with The New York Times, Aidala said the decisi♊on was a victory “for every criminal defendant in the state of New York”. “In this courthouse behind us, at that trial, the law was not applied fairly to Harvey Weinstein”.

Why Were Other Women Allowed to Testify?

The Molineux rule is not absolute. It holds that prosecutors cannot use such testimony to prove that the defendant has a “propensity” to commit crime, but they may use it as evidence of motive or intent.

In Weinstein’s case, prosecutors persuaded the trial judge that the producer’s alleged prior sexual assaults showed that he knew his accusers did not consent to his advances, but that he intended to force them into sex anyway, as per a Reuters report. Prosecutors believed the e𓂃vidence would help disprove Weinstein’s assertion that the encounters were consensual.

The Court of Appeals, however, found that the testimony was simply evidence that he had a propensity to commit rape and sexual assault, not of his motive or intent.

When Will Weinstein Be Released?

Weinstein, 72, will remain in prison because was convicted in Los Angeles in 2022 for another rape and sentenced to 16 years.Weinstein, who has been serving time in New York, most recently at the Mohawk Correctional Facility, could be taken to California to serve his sentence there.

His lawyers are appealing against charges of rape and sexual assault against an Italian actor and model. The Italian actor described in tearful testimony how Weinstein attacked her in a hotel room during a film festival in 2013. Jurors rejected the allegations of another woman and couldn’t reach verdicts on two others, including those of a documentary filmmaker married to California Gov. Gavin Newsom, according to Associated Press.

What Happens Next?

The Manhattan district attorney’s office would restart the trial, which means Weinstein’s accusers could be forced to retell their stories on the witness stand. “We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault,” the prosecutors’ statement said.Accusations against Weinstein began in 2017 and started off the #MeToo movement, which exposed sexual abuse in the top tier of Hollywood film industry. He maintains that he is innocent of the charges of criminal sex acts involving on a TV and film production assistant in 2006 and rape in the third degree for an attack on an aspiring actress in 2013. He said any sex was consensual.

How the Scandal Unfolded

In October 2017, The New York Times published a story detailing decades of allegations of sexual harassment against Harvey Weinstein. Actresses Rose McGowan and Ashley Judd were among the women who came forward. Weinstein issues an apology acknowledging he “has caused a lot of pain”. He was later sacked by the board of his company, with immediate effect. That year, Hollywood A-listers Gwyneth Paltrow and Angelina Jolie said they were also har❀assed by Weinstein. Paltrow says she was propositioned as a 22-year-old, while Jolie refers to a “bad experience” in her youth. The organisation, The Academy of Motion Picture Arts and Science, behind the Oscars votes to expel Weins✅tein.

In February 2018, after a four-month investigation, New York state prosecutors announce they have filed a lawsuit against the Weinstein Company on the basis the studio failed to protect employees from his alleged harassment and abuse. Weinstein turned himself in to New York police on sexual misconduct charges in May. He wase charged with rape and other counts of sexual abuse against two women. He was later released on $1 million bail. A grand jury in New York indicted Weinstein on charges of rape and a criminal sexual act, moving the case towards a trial. In June, Weinstein pleaded not guilty to rape and sexual assault charges in the New York Supreme Court.In December 2019, Weinstein gave an interview to the New York Post saying he has overseen “more movies directed by women and about women than any film-maker”.In January 2020, the trial process against Weinstein began in New York, with accusers including Rose McGowan and Rosanna Arquette protesting outside the court. In February, the jury found Weinstein guilty of a criminal sexual act in the first degree and third-degree rape. He was convicted of sexually assaulting a former production assistant in 2006 and raping a former actress in 2013. He was acquitted of first-degree rape and two counts of predatory sexual assault, charges that could have seen him jailed for life. Weinstein was sentenced to 23 years in prison for rape and sexual assault in March.In April 2021, Weinstein’s lawyers launched an appeal against his conviction, arguing the judge made errors that denied his right to a fair trial. In June, a New York judge ruled Weinstein can be extradited to California to face additional sexual assault charges. In July, Weinstein pleaded not guilty to rape and sexual assault charges in a Los Angeles court.In June 2022, A New York appellate court upheld Weinstein’s rape conviction, rejecting his claims that the judge had prejudiced him by allowing women to testify about allegations that were not part of the criminal case. In October, trial against Weinstein began in LA. In December, he was found guilty of raping a woman by a Los Angeles court. The Oscar winner faces up to 24 years in prison when he is sentenced.In February 2023, Weinstein was sentenced to 16 years in prison for the 2013 rape of an actress in Los Angeles. He begged for leniency in a Los Angeles court moments before he was sentenced.
first published:April 26, 2024, 10:37 IST
last updated:April 26, 2024, 10:41 IST
 
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