In a case that marked a turning point for the #MeToo movement, the defense and prosecution are getting ready for the once-powerful movie producer’s retrial.
The scandal-plagued Hollywood producer Harvey Weinstein’s 2020 conviction for rape and sexual assault was reversed by New York’s highest court, underscoring the difficulties in holding powerful individuals accountable.
On Thursday, the Court of Appeals determined that the historic trial was unfair due to the judge’s decision to allow women to testify in court who were not involved in the complaints against Weinstein.
After the 4-3 ruling, Judge Jenny Rivera ordered a fresh trial.
The 72-year-old will continue to be incarcerated because the decision had no bearing on a different 16-year rape sentence that was given in California.
As women battled back against sexual assault in what became known as the #MeToo movement, shocking charges against the Oscar-winning producer surfaced in 2017. This sparked a wave of accusations against other influential men.
Three years later, in 2013, a New York court convicted Weinstein guilty of raping aspiring actress Jessica Mann and sexually abusing former production assistant Miriam Haley in 2006.
In an incident that was regarded as a turning point for the #MeToo movement, he received a 23-year jail sentence.
After Weinstein was found guilty, dozens of additional women who had accused him of abuse received $17 million in a civil trial.
The actress Ashley Judd referred to the decision made on Thursday as “an act of institutional betrayal,” joining the chorus of those who denounced it.
Alvin Bragg, the Manhattan district attorney, made a hint that Weinstein will face trial again.
A stinging protest
Arthur Aidala, Weinstein’s attorney, described the decision as “a tremendous victory for every criminal defendant in the state of New York” during a press conference and stated that Weinstein was prepared to speak in his own defense during a retrial.
Aidala remarked, “He’s been dying to tell his story since day one.” According to Weinstein, all sexual activity was consenting.
A separate judge would preside over any retrial. James Burke, the original trial’s judge, served out his term at the end of 2022.
The California Court of Appeals ruled on Thursday, stating that the trial court had erred in permitting “testimony of uncharged, alleged prior sexual acts” and that, had Weinstein testified, it would have been permissible to ask questions regarding his “bad behavior.” The producer refrained from advocating for himself.
The court was continuing a “disturbing trend of overturning juries’ guilty verdicts in cases involving sexual violence,” Judge Madeline Singas wrote in a scathing dissent. According to her, the decision was made “at the expense and safety of women.”
