New York appeals court overturns one of Harvey Weinstein’s rape convictions, orders new trial

A New York appeals court on Thursday, April 25, overturned the conviction for rape and sexual assault of former Hollywood star producer Harvey Weinstein in 2020, and ordered a new trial. The court of appeal found that procedural errors had been made during this trial, which constituted a victory for the #metoo movement.

One of Harvey Weinstein’s lawyers welcomed the decision, saying it was a “great day for the United States”. “We knew that Harvey Weinstein did not get a fair trial”declared Arthur Aidala at a press conference, referring to the testimony, during the trial, of several alleged victims who were not directly concerned by the facts pursued.

Harvey Weinstein, 72, is serving a 23-year sentence in a New York prison after being convicted of criminal sexual acts for forcibly performing sex on a television and film production assistant in 2006. and third-degree rape for an attack on an actress in 2013.

Mr. Weinstein is appealing his 2020 rape and sexual assault conviction to New York’s highest court in the fall of 2023. According to one of the appeals court judges, testimony from other facts that those committed against the complainants had notably been admitted “wrongly”. However, these testimonies had “paints a highly damaging image” by Mr. Weinstein.

“It’s unfair for the survivors”

“The solution to these shocking errors is a new trial”, continued this judge, Jenny Rivera. In total, four judges ruled in favor of overturning this conviction and three against. “With this decision, the court continues to thwart the consistent victories that survivors of sexual violence have fought for.”for her part wrote judge Madeline Singas, who ruled against the decision taken Thursday. “Women who carry the trauma of sexual violence and the wounds of repeated testimonies are forgotten”she added.

Actress Alyssa Milano helped explode the #metoo movement, a hashtag created eleven years before the Weinstein affair by African-American activist Tarana Burke. “The justice system has never benefited survivors in this country”Tarana Burke lambasted Thursday in front of the press. “Because these courageous women in this case broke the silence, millions and millions of others found the strength to speak outshe recalled. It will forever be a victory. »

A group of Harvey Weinstein victims denounced “profoundly unfair” this cancellation. “Today’s news is not only demoralizing, it is also deeply unfair”wrote in a press release, the Silence Breakers group, which brings together women who had denounced, within the #metoo movement, the actions of the producer.

Several actresses, who had accused the producer, expressed their disappointment. For Rosanna Arquette, “It is regrettable that the court overturned his conviction”. “As a survivor, I am very disappointed”indicated Weinstein’s accuser to Hollywood Reporter. “It’s unfair to the survivors. We live our truth. We know what happened”, protested Ashley Judd, the first actress to make accusations against the producer, on Instagram. Mira Sorvino said ” horrified “. “He is a prolific serial predator who has raped/harmed over 200 women!” I am disgusted by the justice system, which only recognizes predators and not victims”wrote the actress and accuser on the X network.

“A huge step backwards”

Harvey Weinstein was also convicted in Los Angeles in 2022 of another rape and sentenced to sixteen years in prison. He was acquitted in Los Angeles on charges involving one of the women who testified in New York, and has never publicly admitted to anything other than consensual relationships.

The decision taken Thursday “is a huge step backwards”reacted lawyer Douglas Wigdor, who represented two witnesses in the New York trial. “Courts regularly admit evidence of non-indictable acts to help jurors understand issues regarding the defendant’s intentions, modus operandi or procedures.”did he declare.

Since 2017, dozens of women, including Angelina Jolie and Gwyneth Paltrow, have accused Harvey Weinstein of harassment, sexual assault or rape. But the statute of limitations has passed in many of these cases.