A New York appeals court on Thursday overturned one of Harvey Weinstein’s rape and sexual assault convictions, ordering a new trial for the former Hollywood star producer, a decision that sparked outrage within the #MeToo movement.
His sentence to 23 years in prison in 2020 in New York for rape and sexual assault was a victory for #MeToo.
Sentenced in 2023 to 16 years in prison in Los Angeles for rape and sexual assault, in a separate trial, Harvey Weinstein will remain in detention despite the rebound in New York.
The #MeToo movement against violence against women was triggered in 2017 by the revelations about Harvey Weinstein, whose influence on Hollywood was immense. He only publicly acknowledged consensual relationships.
Harvey Weinstein, 72, is being held in a New York state prison, according to US media.
According to the court of appeal, testimony relating to facts other than those committed against the complainants had been admitted “erroneously”.
However, these testimonies had “painted a highly prejudicial image” of Weinstein, the court ruled: “The solution to these shocking errors is a new trial.”
Four judges ruled for the annulment and three against.
“We knew that Harvey Weinstein did not have the right to a fair trial,” said Arthur Aidala, one of his lawyers, saying that the decision “gives credence to the fact that there is indeed a system judicial”.
“There was so much pressure, because Harvey was the face of this movement,” he lamented.
“Brave Women”
“The court continues to thwart the regular victories for which survivors of sexual violence have fought,” regretted Madeline Singas, one of the judges of the court of appeal who ruled against the annulment. According to her, women “who carry the trauma of sexual violence” have been “forgotten”.
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 out,” she recalled. “It will forever be a victory.”
A group of Harvey Weinstein victims denounced Thursday’s decision, saying it was “not only demoralizing” but also “deeply unfair.”
“But this decision in no way affects the reality of what we experienced”, and “we continue to fight”, wrote in a press release the group “Silence Breakers”, which brings together women who had denounced, within of the #MeToo movement, the actions of Harvey Weinstein.
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,” Weinstein’s accuser told the 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,” the actress and accuser wrote on X.
“Step back”
The decision “is a huge step backwards,” also 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,” he said.
But it is unlikely that the decision rendered in New York “will have any impact on the case” in Los Angeles, said Aya Gruber, professor of criminal law.
The procedural rules that led to the annulment decision in New York are “very different” from those applied in California, she explained.
This is a new setback for #MeToo: Bill Cosby, fallen glory of American television, was released in 2021 after his conviction for sexual assault was overturned for procedural defects.
The films produced by Harvey Weinstein have received numerous Oscar nominations and awards, a celebrity who has long prevented his victims from speaking out for fear of repercussions on their careers.
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.
