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Harvey Weinstein's rape conviction overturned over 'egregious' error in shocking reversal from New York court: what to know

The disgraced Miramax founder and movie mogul was at the center of the MeToo era

Beatriz Colon
Beatriz Colon - New York
Online News WriterNew York
On 25 April 2024
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The 2020 conviction of Harvey Weinstein on felony sex crime charges has been overturned, in a shocking blow to one of the pivotal moments of the MeToo movement.

In a 4-3 decision, New York's highest court, the New York Court of Appeals, found that the judge who presided over the trial committed a "crucial mistake," per the New York Times, concerning the prosecution.

At the time of the trial, prosecution was allowed to call as witness a group of women who claimed Weinstein assaulted them – the disgraced movie mogul has a long list of allegations, and convictions, against him spanning several decades across New York and California – however their accusations were not part of the charges on trial at the time.

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"We conclude that the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes," the court's decision read. "The remedy for these egregious errors is a new trial."

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Former film producer Harvey Weinstein listens in court during a pre-trial hearing for Weinstein, who was extradited from New York to Los Angeles to face sex-related charges at Clara Shortridge Foltz Criminal Justice Center on July 29, 2021 in Los Angeles, California. Weinstein is being arraigned on multiple rape charges stemming from incidents from 2004-2013 involving five women© Getty
Weinstein in California court in 2021

Why was the decision reversed?

The appeals court determined that Weinstein – who is currently in prison in Rome, New York serving a 23-year sentence on charges of criminal sex crimes – did not receive a fair trial.

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The four judges in the majority argued that because witnesses with allegations not pertaining to the charges brought forward at the time were allowed to stand as witnesses, the juror's decision, rather than being based on the crimes Weinstein was being charged with, he was instead tried more so for his past behavior.

Taylor Swift, Este Haim, Jaime King, Harvey Weinstein and Lorde attend The Weinstein Company & Netflix's 2015 Golden Globes After Party presented by FIJI Water, Lexus, Laura Mercier and Marie Claire at The Beverly Hilton Hotel on January 11, 2015 in Beverly Hills, California© Getty
The former producer, pictured above in 2017 with Taylor Swift, Este Haim, Jaime King and Lorde, was one of Hollywood's most powerful men before his fall from grace

Can Weinstein be tried again?

Whether Weinstein can be taken to court again is up to Alvin L. Bragg, the Manhattan district attorney, who is currently already in the news cycle amid his other headline-making trial against former President Donald Trump.

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Per She Said: The True Story of the Weinstein Scandal author Jodi Kantor for NYT, while Weinstein's sexual misconduct allegations from over 100 women – he was convicted for assaulting two – have established him as a "fully disgraced figure" in the public eye, legally, the 2020 decision in New York was "always controversial," and his appeals "always stood a chance."

Attorney Gloria Allred holds a sign with the verdict during a media briefing outside the courthouse after movie mogul Harvey Weinstein was sentenced to 23 years in prison on March 11, 2020 in New York City. Weinstein was sentenced to 23 years in prison, 20 on the first-degree criminal sexual act and three years for third-degree rape, with the sentences running consecutively© Getty
Famed attorney and women's rights activist Gloria Allred outside the courthouse after Weinstein was sentenced to 23 years in prison on March 11, 2020

Does this affect his prison time?

Not necessarily. Weinstein has quite the tally of allegations and convictions against him, and not just in New York, nor pertaining to the now-overturned trial.

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Aside from the 2020 decision, in 2022, a Los Angeles jury found Weinstein guilty of raping one woman, an actress, in a Beverly Hills hotel in 2013.

Though the jury delivered a mixed verdict at the time, and found him either not guilty or could not decide on other charges brought forward, he was sentenced to 16 years in prison over the one charge.

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