Harvey Weinstein’s 2020 r*pe conviction was overturned by the Court of Appeals in New York, marking a significant reversal in the historic #MeToo movement case. The former Hollywood producer (The Burning, Shakespeare in Love) was found guilty of two of the five felony counts of r*pe in 2020.
Given that his prior actions had resulted in an unfair trial, the court granted a new trial. Since February 2020, the 72-year-old has been housed in an upstate New York correctional facility, serving a 23-year sentence stemming from charges of r*pe and s*xual assault.
The court found in a 4-3 ruling that Weinstein had been unfairly prejudiced by the trial judge in New York County through the implementation of incorrect rulings, like allowing women to testify about unrelated claims.
In light of this, the court decided that there must be another trial.
Harvey Weinstein’s Conviction Reversed by New York Appeals Court
The former film producer Harvey Weinstein has made headlines once again after New York’s Court of Appeals overturned his 2020 r*pe conviction. Declaring that his prior actions had unjustly precipitated his trial, the court ordered a new one.
In a 4-3 decision on Thursday, the court determined that the judge in Weinstein’s trial had displayed bias by permitting women to testify about allegations that were unrelated to the case. A new trial has been mandated by the court.
The court declared in a 4-3 ruling (via NBC News):
“We conclude that the trial court erroneously admitted testimony of uncharged, alleged prior s*xual acts against persons other than the complainants of the underlying crimes because that testimony served no material non-propensity purpose.”
A new trial is a solution, according to Judge Jenny Rivera, who referred to the errors as “egregious”. If prosecutors choose to go forward with a second trial, Weinstein’s accusers might be called to testify once again.
Following his conviction on charges of criminal s*x act for forcing a TV and film production assistant to perform oral s*x on him in 2006 and r*pe in the third degree for attacking an aspiring actor in 2013, Weinstein has been serving a 23-year sentence in a New York prison.
Investigative reports by The New York Times and The New Yorker led to the charges’ revelation in 2017. His history of s*xual abuse and his disregard for responsibility fueled the #MeToo movement. The representative of The Burning producer, Juda Engelmayer, told NBC News in a statement that they are “thrilled with the court’s decision”.
According to Weinstein’s attorney, Arthur Aidala, the ruling represented “every criminal defendant in the United States of America” and his client’s “victory”. According to Sky News, in light of the Thursday ruling, it is likely that Weinstein’s accusers would have to return to the witness stand and retell their stories again.
The Resilience of Harvey Weinstein’s Victims in the Face of Legal Setbacks
Despite this setback, Harvey Weinstein’s victims have continued to put on a brave face. Former commercial production employee Louise Godbold, who claimed that the Playing for Keeps co-director assaulted her twice in 1991, told NBC News that her initial response to the decision was “a visceral one”.
Godbold expressed concern about the accusers having to go through their trauma “again”:
“It was definitely re-traumatizing for them to have to go through the trial. And for any of them to have to go back on the witness stand… it’s just unconscionable that these women will have to go through the whole thing again if there’s a new trial.”
Hopefully, she added, the New York accusers will remember that “our truth isn’t overturned, even if his conviction is overturned”. Actor Caitlin Dulany, who has claimed that Weinstein molested her in a hotel room during the 1996 Cannes Film Festival, told the outlet that she is “deeply shocked” & “saddened”. In her words:
“I think I’m still in a little shock. I think later on a lot of the deep sadness will come through.”
Weinstein’s former accuser, Dawn Dunning, chastised the decision, saying:
“While I’m stunned that the court threw out Weinstein’s conviction on legal technicalities, I am still proud that I testified and confronted that convicted r*pist.”
Well, the decision was criticized by RAINN, an organization that opposes s*xual violence, in an email statement to TIME:
“Overturning the conviction of Harvey Weinstein is a horrible decision that does not protect due process—it upends justice for the survivors of his crimes.”
Weinstein was also found guilty of s*xual offenses in Los Angeles in 2022 (see LA Times); as a result, he was sentenced to 16 years in prison.
