This article references rape and sexual assault.
New York's top court has overturned Harvey Weinstein's 2020 rape conviction on the basis that he didn't receive a fair trial. A new trial has been ordered.
In February 2020, the disgraced Hollywood mogul was found guilty of rape and sexual assault and sentenced to 23 years in prison. This verdict has been overturned on the basis that the trial's judge made "egregious" improper rulings, including a decision to let women testify about allegations that weren't part of the case.
Weinstein, 72, will remain in prison following his 2022 conviction for another rape and sexual assault, for which he was sentenced to 16 years in prison.
In the verdict, the court's Judge Jenny Rivera wrote, “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 the court's dissenting opinion, Judge Madeline Singas wrote, “With today’s decision, this Court continues to thwart the steady gains survivors of sexual violence have fought for in our criminal justice system.
"Forgotten are the women who bear the psychological trauma of sexual violence and the scars of testifying again, and again. This erosion of precedent, born from a refusal to accept that crimes of sexual violence are far more nuanced and complex than other crimes, comes at the expense and safety of women.”
Inevitably, the movement struggled to deliver.
“Today’s decision is a major step back in holding those accountable for acts of sexual violence,” said Douglas Wigdor, an attorney who represented two pre-trial witnesses in New York.
“Courts routinely admit evidence of other uncharged acts where they assist juries in understanding issues concerning the 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.”
His downfall precipitated the #MeToo movement, a gargantuan backlash against sexual misconduct in Hollywood and the wider entertainment industry. Gwyneth Paltrow, Salma Hayek, Lupita Nyong'o, and Ashley Judd were among the women who accused Weinstein of sexual harassment, while actresses Asia Argento and Rose McGowan accused him of rape.
For more information about reporting and recovering from rape and sexual abuse, you can contact Rape Crisis on 0808 500 2222.
If you have been sexually assaulted, you can find your nearest Sexual Assault Referral Centre here. You can also find support at your local GP, voluntary organisations such as Rape Crisis, Women's Aid, and Victim Support, and you can report it to the police (if you choose) here.
For more from Glamour UK's Lucy Morgan, follow her on Instagram @lucyalexxandra.
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