Harvey Weinstein’s 2020 rape conviction overturned by New York appeals court | US News

Harvey Weinstein’s 2020 conviction for rape has been overturned and a New York court has ordered a new trial in the landmark “MeToo” case.

The state’s highest court found that the trial judge prejudiced the former movie mogul with “egregious” inappropriate rulings, including the decision to allow women to testify about allegations that were not part of the case.

In a 4-3 decision, it was decided that Weinstein had not received a fair trial, with the court majority saying it was “an abuse of judicial discretion to allow unproven allegations of anything more than bad behavior.”

One of the judges who voted against the decision, Judge Madeline Singas, said the majority was “whitewashing the facts to fit a he-said/she-said narrative.”

He said the Court of Appeal was continuing a “disturbing trend of overturning guilty verdicts by juries in cases involving sexual violence.”

Singas added: “The majority’s determination perpetuates outdated notions of sexual violence and allows predators to escape responsibility.”

The Court of Appeal’s ruling will mean that a painful chapter in the examination of sexual misconduct by powerful figures is likely to be reopened.

It was an era that began in 2017 with a flood of accusations against the film producer dating back to the 1970s.

Read more: Harvey Weinstein: The fall of the king of Hollywood

weinstein‘s accusers could once again be forced to relive their traumas on the witness stand.

The 72-year-old has been serving a 23 year sentence in a New York prison after being accused of sexually assaulting a former production assistant Mimi Haleyi in 2006 and rapping the former aspiring actress. Jessica Mann in 2013 after the historic trial of 2020.

However, he will remain behind bars as he was also sentenced last year in Los Angeles. 16 years in prison for raping and sexually assaulting an actress in a Beverly Hills hotel.

The Los Angeles conviction is not affected by Thursday’s decision in New York.

Manhattan District Attorney Alvin Bragg, who is already involved in a silent money test against former President Donald Trump – will now decide whether Weinstein will receive a new trial.

A spokesperson for Bragg said in an email: “We will do everything in our power to retry this case and remain steadfast in our commitment to survivors of sexual assault.”

Douglas Wigdor, a lawyer who represented eight of Weinstein’s accusers, said Thursday’s decision was a “major step backwards toward holding those responsible for acts of sexual violence accountable,” adding: “It will require victims to endure another trial.” further”.

Arthur Aidala, Weinstein’s lawyer, said the decision was a victory for the defendant and for any American accused of a crime, “no matter how popular or unpopular they are.”

Actress Ashley Judd, one of the first women to publicly accuse Harvey Weinstein of sexual misconduct, condemned the decision as an “act of institutional betrayal” of survivors of male sexual violence.

At a news conference in New York, Judd said he was trying to involve the UN as he advocates for Convention 190, which refers to the elimination of all forms of harassment and violence in the world of work.

Weinstein, once considered the most powerful man in Hollywood, was accused by dozens of women who said he intimidated, pressured, coerced or dominated them while demanding sexual favors.

Gwyneth Paltrow, Salma Hayek and Lupita Nyong’o were among those who accused Weinstein of sexual harassment, while actresses Asia Argento and Rose McGowan were among those who accused him of raping them.

He was also accused of making deals to keep the stories secret.

Weinstein had admitted that his behavior had “caused a lot of pain” but maintained his innocence throughout, saying any sexual activity was consensual.

The embers of the allegations ignited #MeToo, a movement in which alleged victims of sexual assault increasingly publicized their experiences and many spoke out against high-profile figures, especially in the entertainment industry.

Some states, including New York, California and New Jersey, responded to the campaign by passing laws allowing women to file civil lawsuits seeking damages for sexual misconduct that occurred many years earlier, even if the time limit had already passed.

But the surprising overturning of Weinstein’s conviction is the movement’s second major setback in the past two years after the U.S. Supreme Court refused to hear prosecutors’ petitions to overturn Bill Cosby’s sexual assault conviction in 2018, which was canceled in 2021.

Weinstein co-founded the Miramax entertainment company in 1979, whose hit films included Pulp Fiction, Flirting With Disaster and Shakespeare In Love.

He was ousted from his now-defunct company, The Weinstein Company, in 2017 after the New York Times reported on nearly 30 years of rape and sexual harassment allegations against him.