Topline
Harvey Weinstein on Tuesday filed to appeal his 2020 rape and sexual assault conviction in New York that led to a 23-year prison sentence, one month after the disgraced film producer was found guilty in Los Angeles on similar charges.
Former film producer Harvey Weinstein appears in court at the Clara Shortridge Foltz Criminal … [+]
Key Facts
In the filing, which was submitted to the New York Court of Appeals, Weinstein’s lawyers asked that his conviction be thrown out and that he be charged on one count of a criminal sexual act, according to the Associated Press—he was found guilty of one charge of a criminal sexual act in the first degree and rape in the third degree.
His lawyers said the charge of rape involved alleged incidents that fall outside the statute of limitations.
Weinstein’s lawyers argued his trial was unfair because New York State Supreme Court Justice James Burke allowed prosecutors to use testimony about previous alleged incidents of abuse that were not related to the charges, according to Bloomberg.
They also said the trial was unfair because the courts “succumb[ed] to the pressure” of the #MeToo movement, according to the Associated Press.
What To Watch For
Prosecutors have until March 1 to respond to the appeal. Weinstein will be sentenced in his Los Angeles trial on one count of rape and two counts of sexual assault on February 23. He faces up to 18 years in prison there, and it’s likely he will also appeal that conviction.
Crucial Quote
“This ruling left Weinstein with no choice but to remain silent against his will, as taking the stand would have been the legal equivalent of suicide,” Weinstein’s lawyers wrote, according to Bloomberg.
Key Background
Weinstein has faced scores of sexual harassment and assault accusations since 2017, when news outlets first revealed allegations against the film producer, one of the most powerful people in Hollywood at the time. Weinstein was granted the opportunity to appeal his 2020 conviction last year, after it had previously been upheld. During his New York trial, Weinstein was cleared of predatory sexual assault and rape in the first degree. In December, the Los Angeles jury also acquitted of one count of sexual battery, and hung on three other counts.
Further Reading
Harvey Weinstein Found Guilty In L.A. Sexual Assault Trial (Forbes)
Harvey Weinstein Sex Assault Trial: Some Potential Jurors Reportedly Not Aware Of #MeToo (Forbes)
Harvey Weinstein Granted Appeal In New York Sex Assault Case (Forbes)
Appeals Court Upholds Harvey Weinstein’s Conviction (Forbes)
Source: https://www.forbes.com/sites/marisadellatto/2023/01/10/harvey-weinstein-appeals-2020-new-york-conviction-one-month-after-second-guilty-verdict/