Harvey Weinstein’s 2020 rape conviction in New York overturned

New York’s highest court on Thursday overturned Harvey Weinstein’s 2020 rape conviction, finding the judge at the landmark #MeToo trial prejudiced the ex-movie mogul with “egregious” improper rulings, including a decision to let women testify about allegations that weren’t part of the case.

“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 4-3 decision said. “The remedy for these egregious errors is a new trial.”

The state Court of Appeals ruling reopens a painful chapter in America’s reckoning with sexual misconduct by powerful figures — an era that began in 2017 with a flood of allegations against Weinstein. The court ordered a new trial. His accusers could again be forced to relive their traumas on the witness stand.

The court’s majority said it is “an abuse of judicial discretion to permit untested allegations of nothing more than bad behaviour that destroys a defendant’s character but sheds no light on their credibility as related to the criminal charges lodged against them.”

In a stinging dissent, Judge Madeline Singas wrote that the majority was “whitewashing the facts to conform to a he-said/she-said narrative,” and said the Court of Appeals was continuing a “disturbing trend of overturning juries’ guilty verdicts in cases involving sexual violence.”

“The majority’s determination perpetuates outdated notions of sexual violence and allows predators to escape accountability,” Singas wrote.

Still behind bars

Weinstein, 72, has been serving a 23-year sentence in a New York prison following his conviction on charges of criminal sex act for forcibly performing oral sex on a TV and film production assistant in 2006 and rape in the third degree for an attack on an aspiring actress in 2013.

He will remain imprisoned because he was convicted in Los Angeles in 2022 of another rape and sentenced to 16 years in prison. Weinstein was acquitted in Los Angeles on charges involving one of the women who testified in New York.

In a statement, the Manhattan district attorney’s office said, “We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault.”

Immediately after the ruling came out, Weinstein lawyer Arthur Aidala said, “We all worked very hard and this is a tremendous victory for every criminal defendant in the state of New York.”

‘A major step back’

Attorney Douglas H. Wigdor, who has represented eight Weinstein accusers, including two witnesses at the New York criminal trial, called the ruling “a major step back in holding those accountable for acts of sexual violence.”

“Courts routinely admit evidence of other uncharged acts where they assist juries in understanding issues concerning the intent, modus operandi or scheme of the defendant. The jury was instructed on the relevance of this testimony and overturning the verdict is tragic in that it will require the victims to endure yet another trial,” Wigdor said in a statement.

Weinstein’s lawyers argued Judge James Burke’s rulings in favour of the prosecution turned the trial into “1-800-GET-HARVEY.”

The reversal of Weinstein’s conviction is the second major #MeToo setback in the last two years, after the U.S. Supreme Court refused to hear an appeal of a Pennsylvania court decision to throw out Bill Cosby’s sexual assault conviction.

Weinstein’s conviction stood for more than four years, heralded by activists and advocates as a milestone achievement, but dissected just as quickly by his lawyers and, later, the Court of Appeals when it heard arguments on the matter in February.

Start of a movement

Allegations against Weinstein, the once powerful and feared studio boss behind such Oscar winners as Pulp Fiction and Shakespeare in Love, ushered in the  #MeToo movement. Dozens of women came forward to accuse Weinstein, including famous actresses such as Ashley Judd and Uma Thurman. His New York trial drew intense publicity, with protesters chanting “rapist” outside the courthouse.

Weinstein is incarcerated in New York state at the Mohawk Correctional Facility, about 160 kilometres northwest of Albany.

He maintains his innocence. He contends any sexual activity was consensual.