Harvey Weinstein’s Rape Conviction Was Just Overturned. Here’s What That Means
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In 2017 The New York Times and The New Yorker reported that, for years, Hollywood producer Harvey Weinstein had been using his power to sexually abuse women. In 2020 he was convicted in New York on two counts of sexual assault, which became the #MeToo movement’s first major victory. On April 25, 2024, however, that conviction was overturned by the New York Court of Appeals. What does this mean? And, maybe more importantly, what happens now?
Here’s what we know so far about Harvey Weinstein’s conviction, why it was overturned, and what happens next.
Why was Harvey Weinstein’s conviction overturned?
In its decision the New York Court of Appeals wrote, “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 Associated Press reported. Put more simply, the court decided that Harvey Weinstein, 72, didn’t get a fair trial because the judge at the time allowed alleged victims who were not part of this case to testify against him. More than 100 women have accused Weinstein of sexual misconduct, according to The New York Times, but the case was about just two of his accusers. Four other accusers testified against Weinstein in court, but their allegations weren’t part of the criminal charge against him.
The Court of Appeals decision was 4-3. Per the AP, Judge Madeline Singas, one of the judges who voted against overturning Weinstein’s conviction, wrote in her dissent that the majority was furthering a “disturbing trend of overturning juries’ guilty verdicts in cases involving sexual violence.” She wrote, “The majority’s determination perpetuates outdated notions of sexual violence and allows predators to escape accountability.”
Does this mean Harvey Weinstein is getting out of prison?
Though his New York conviction was overturned, Harvey Weinstein is still not a free man. He was also convicted of rape in Los Angeles in 2022, and sentenced to 16 years in prison, per the Los Angeles Times.
Could Harvey Weinstein be tried again?
The judges on the New York Court of Appeals said that the proper remedy is a “new trial,” and prosecutors have said that they intend to try Harvey Weinstein again. “We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault,” a spokesperson for the Manhattan district attorney’s office said, according to The New York Times.
This would mean that Weinstein’s alleged victims would be put through the trauma of a trial all over again. Said Douglas H. Wigdor, an attorney who has represented eight of Weinstein’s accusers, “Overturning the verdict is tragic in that it will require the victims to endure yet another trial,” per the AP.
How have victims and activists responded to the news?
Alleged victims of Harvey Weinstein and leaders of the #MeToo movement have reacted with shock, describing the decision as a step backward and a loss for all victims of sexual assault.
Per the Times, actor Amber Tamblyn called the decision “a loss to the entire community of women who put their lives and careers on the line to speak out.” Weinstein accuser Katherine Kendall called it “a terrible reminder that victims of sexual assault just don’t get justice” and said, “I’m completely let down by the justice system right now. I’m sort of flabbergasted.”
Others had more to say on social media. Mira Sorvino, another actor who has accused Weinstein of sexual assault, tweeted that she was “horrified” by the news. “Since when don’t courts allow evidence of pattern of prior bad acts to be admitted? He’s a prolific serial predator who raped/harmed 200+women! Disgusted w/justice system skew twds predators not victims,” she tweeted. Ashley Judd, one of the first Hollywood actors to accuse Weinstein, reportedly told journalist Jodi Kantor, “That is unfair to survivors. We still live in our truth. And we know what happened.”
Per Variety, the Silence Breakers, a group of Weinstein accusers, released a statement reading, “The news today is not only disheartening, but it’s profoundly unjust. But this ruling does not diminish the validity of our experiences or our truth; it’s merely a setback. The man found guilty continues to serve time in a California prison.”
Originally Appeared on Glamour
