New York court overturns sexual crime conviction of former producer Harvey Weinstein

In a setback to the #MeToo movement, the New York Court of Appeals this Thursday annulled the sentence imposed in 2020 on the former film producer Harvey Weinstein for sexual crimes and ordered a new trial, a decision that has shocked feminist organizations.

In a tight decision of 4 votes to 3, the magistrates cite errors in the trial, such as the inclusion of witnesses who had declared themselves victims of the producer but who were not part of the accusation against him, so the court concludes that he had no a “fair trial”.

“The accused has the right to be held accountable only for the crime with which he is charged and, therefore, allegations of previous bad acts cannot be admitted against him for the sole purpose of establishing his propensity for criminality.”, justified Judge Jenny Rivera, of the group that approved the judicial decision.

Therefore the court “revokes“condemns her and orders a”new trial“that corrects the”huge mistakes” produced in the first, he concludes.

Weinstein, 72, was found guilty of several sexual crimes by a jury in New York and sentenced in 2020 to 23 years, which he is serving in a prison in the town of Rome, in the state of New York.

It is not clear what is the immediate future of the producer who was sentenced by a California court in 2022 to 16 years in prison for raping a woman in a Beverley Hills hotel in Los Angeles, and which he had to serve when the first sentence ended.

“Today’s news is not only disheartening, but deeply unfair. But this failure does not diminish the validity of our experiences or our truth.“said a group of women who had come together to denounce Weinstein’s sexual conduct in a statement.

“We are devastated for the survivors and for those who found solace and catharsis in the original verdict“, reacted Tarana Burke, who coined the phrase Me Too, in 2006, to raise awareness about sexual abuse and assault in society.

#MeToo

One of the judges who spoke out against the majority ruling, Madeline Singas, argued that “With today’s decision, this court continues to thwart the consistent gains that survivors of sexual violence have fought for in our criminal justice system.”.

For this judge, “forget” at “women who endure the psychological trauma of sexual violence and the scars of testifying again and again”.

In 2017, accusations began to emerge against the Oscar-winning producer, launching the #MeToo movement, paving the way for women to fight against sexual violence in the workplace, on public transport or on the street.

The powerful producer was accused by nearly a hundred women of predatory sexual behavior and rape.

Now, the Manhattan prosecutor, Alvin Bragg, the same one who has put Donald Trump on the bench, will have to decide whether to retry Weinstein.

“This is a shocking and heartbreaking day for sexual assault survivors.”said Jane Manning, director of the Equal Justice for Women project and former sex crimes prosecutor.

“This just shows how much more work we all have to do to carry forward the ideals of the #MeToo movement.”he added.

Rumors about the abusive behavior of the producer of “Shakespeare Passionate” and “Pulp Fiction” were an open secret in Hollywood for years.

According to prosecutors, Weinstein used his influence to pressure and abuse women and benefited from the impunity granted to him by his privileged position in the entertainment industry, in which he and his brother Bob enjoyed almost complete power.

In 1979 they co-founded Miramax Films, a distribution company named after their mother Miriam and father Max. It was sold to Disney in 1993.

With “Shakespeare Passionate” (1998), Weinstein shared the Oscar for best picture.

Over the years, Weinstein’s films received more than 300 Oscar nominations and 81 statuettes.