“The rules of form are of capital importance” argues a lawyer

Martine Bouccara, invited Thursday on franceinfo, recognizes that “it is a great disappointment” for the complainants.

“The formal rules are of capital importance, they protect you as a citizen and they must be respected,” supports on franceinfo Thursday April 25, Martine Bouccara, lawyer at the Paris and New York bars, after the annulment by a New York court of appeal, of one of the convictions for rape of the ex-producer star of Hollywood Harvey Weinstein. 4 judges out of 7 considered that procedural errors had been made during the trial in New York, since testimony relating to facts other than those committed against the complainants had been admitted, “wrongly”. Martine Bouccara recognizes that “It’s a big disappointment” for the plaintiffs.

“You bring in people from outside the trial itself, the court said, you create a prejudicial character that is highly prejudicial to the image of the accused, but things must be done according to the rules”, adds Martine Bouccara. According to her, “the consequences are still relative because there is every reason to think that there will be another trial, technically it is possible, it is up to the prosecutor to take stock and see if without these additional witnesses, it is capable of having sufficient elements”, she explains.

“What is valid for large businesses is valid for medium and small ones”

Four judges voted in favor of the annulment and three others voted against and one of the judges who ruled against this decision expressed her astonishment. “The court continues to thwart the consistent victories that survivors of sexual violence have fought for,” wrote Madeline Singas.

“The rules of procedure are a profound reality, it is your freedom to be protected against rules of evidence which could harm you if you were implicated, it shakes up minds because it is a case which has had a resounding stake, but what is valid for large affairs is valid for medium and small ones”defends the lawyer.

The #MeToo movement against violence against women was triggered in 2017 by the revelations about Harvey Weinstein, whose influence on Hollywood was immense. His sentence to 23 years in prison in New York in 2020 for rape and sexual assault was a victory for this movement. But the ex-producer will not be released from prison because he was also sentenced to 16 years in prison in Los Angeles for rape and sexual assault.