(New York) A New York appeals court on Thursday overturned former Hollywood star producer Harvey Weinstein’s 2020 rape and sexual assault conviction in that state, and ordered a new trial, a setback for the #metoo movement.
The appeals court found that procedural errors had been made during the trial in New York. Sentenced to prison in Los Angeles in a separate trial, Harvey Weinstein will however remain in detention.
The #metoo movement against violence against women was triggered in 2017 by the revelations about Harvey Weinstein, whose influence on Hollywood was immense.
He has never publicly acknowledged anything other than consensual relationships.
His sentence to 23 years in prison in New York in 2020 for rape and sexual assault was a victory for this movement.
But according to one of the judges of the court of appeal, testimony relating to acts other than those committed against the complainants had been admitted, “erroneously”. However, these testimonies had “painted a highly damaging image” of Mr. Weinstein.
“The solution to these shocking errors is a new trial,” continued Judge Jenny Rivera.
Four judges ruled in favor of overturning this conviction and three against.
“We knew that Harvey Weinstein did not have the right to a fair trial,” said Arthur Aidala, one of his lawyers, speaking of a “great day for the United States”, because the decision “gives us faith that there is indeed a justice system.”
“Harvey will be able, under this new decision, to take the stand and give his side of the story while remaining faithful to what he has always said,” added Arthur Aidala.
“There was so much pressure, because Harvey was the face of this movement,” he lamented.
“Profoundly unfair”
“The court continues to thwart the consistent victories for which survivors of sexual violence have fought,” wrote Madeline Singas, one of the judges of the court of appeal who ruled against Thursday’s decision.
“Women who carry the trauma of sexual violence and the wounds of repeated testimony are forgotten,” she added.
Harvey Weinstein, 72, is currently detained in a New York state prison, according to American media.
In 2023, the ex-producer was also sentenced to 16 years in prison in Los Angeles for rape and sexual assault.
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,” wrote in a press release the group “Silence Breakers”, which brings together women who had denounced, within the #metoo movement, the actions of Harvey Weinstein.
“The world has changed,” they said. “We continue to be strong and defend this change. We will continue to fight for justice for survivors around the world,” they proclaimed.
“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.
This is a new snub for the #metoo movement: 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.
The film She Saidreleased in 2022, traces the investigation of two journalists from New York Times on the all-powerful producer, at the origin of the avalanche of testimonies that followed.