The state of New York’s Court of Appeals has overturned Harvey Weinstein’s 2020 rape conviction, opening the door to a retrial.
The seismic turnabout was delivered on April 25, four years after the disgraced former Hollywood producer was initially convicted of rape and sexual assault in New York.
“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 because that testimony served no material non-propensity purpose,” the court said in its 4-3 verdict.
Weinstein, who co-founded Miramax, the production company behind blockbuster hits like “Pulp Fiction” (1994) and “Shakespeare in Love” (1998), faced accusations of sexual assault and harassment from over 80 women in the fall of 2017. The ongoing list of accusations galvanized the #MeToo Movement.
Weinstein has denied any non-consensual sexual activity.
Read on for everything we know about Weinstein and his overturn.
What was Harvey Weinstein accused and convicted of?
New York criminal charges
In February 2020, a jury found the former producer guilty of third-degree rape and a first-degree criminal sexual act. The decision came down after Weinstein’s first criminal trial, which began in January of that year. At the time, Weinstein pleaded not guilty in response to the complaints from two women.
The count of criminal sexual act in the first degree stemmed from a complaint by Mimi Haley, a former “Project Runway” production assistant who accused Weinstein of sexually assaulting her in 2006. The third-degree rape conviction stemmed from an accusation from former actor Jessica Mann, who said Weinstein raped her inside of a New York City hotel room in 2013.
Los Angeles criminal charges
In February 2023, Weinstein was sentenced to 16 years in prison after being convicted of rape.
A Los Angeles jury found the producer guilty of three counts related to an accuser known as Jane Doe. According to NBC News, Jane Doe 1 accused the producer of forcible rape, forcible oral copulation and sexual penetration by a foreign object.
Weinstein also faced charges from women identified as Jane Doe 2, Jane Doe 3 and Jane Doe 4. Weinstein was found not found guilty of sexual battery by restraint of an accuser identified as Jane Doe 2. The jury was unable to reach verdicts regarding allegations of Jane Doe 3 and Jane Doe 4.
Where was he until now?
Following his conviction in New York, Weinstein began serving his 23-year prison sentence at the Wende Correctional Facility near Buffalo in 2020.
According to the Associated Press, he is currently incarcerated at the Mohawk Correctional Facility in Rome, New York.
Why was his conviction overturned?
Weinstein’s conviction was overturned in a 4-3 decision by the New York Court of Appeals. The judge in his 2020 New York trial made “egregious errors,” the New York Court of Appeals wrote in its majority opinion ruling.
“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 because that testimony served no material non-propensity purpose,” the court said.
The court went on to state that it had made an error by allowing questioning about misconduct allegations despite Weinstein’s lack of a criminal record.
“The court compounded that error when it ruled that defendant, who had no criminal history, could be cross examined about those allegations as well as numerous allegations of misconduct that portrayed defendant in a highly prejudicial light.”
The “remedy,” the court said, is a “new trial.”
How accusers are responding to the overturn?
Mimi Haley
Haley, the former production assistant who testified against WeinsteinDulany’s accusations were not included in the New York trial.v the 2020 New York trial, and whom Weinstein was convicted of assaulting, has responded.
In a statement given to NBC News, Haley’s lawyer Gloria Allred spoke out about the overturn and underlined that Haley is willing to consider testifying once again should there be a new trial.
“I commend Mimi on her courage and willingness to keep standing up for the truth,” Allred’s statement reads in part. “The decision of the New York Court of Appeals today is a significant step backwards for the ‘Me Too’ movement in criminal cases in New York. The decision means that it will be more difficult to convict those who victimize women and prey on them. As a result, fewer prosecutions will be brought against sexual predators, and many will escape the justice that they deserve.”
“Although victims have lost this battle, they have not lost the war,” Allred’s statement continued. “We will continue to fight for justice for victims both in criminal and civil cases until there is a fair trial not just for the accused but also for those who allege that they are victims of sexual predators.”
Caitlin Dulany
Caitlin Dulany accused Weinstein of assaulting her in 1996 at the Cannes Film Festival. Dulany’s accusations were not included in the New York trial.
“I am deeply saddened and absolutely devastated by today’s ruling,” she said in a statement obtained by NBC News. “So many of us lived with our stories for years. What Harvey Weinstein did to us affected our lives and careers in ways that we will never recover from. It is a travesty of justice, but I’m not surprised. The justice system is in deep need of reform. What happened this morning is a terrible setback for survivors everywhere who are brave enough to come forward with the stories of abuse. I am forever grateful to the women who women who testified at Harvey Weinstein’s New York trial, at great personal cost. The fight goes on, and survivors will win in the end.”
Dawn Dunning
In 2017, Dunning, a former actor, accused Weinstein of sexually assaulting her in 2004 during an audition. The former actor issued a reaction to Weinstein’s overturn and encouraged the District Attorney to retry his case.
Dunning’s accusations were not included in the New York trial.
“While I’m stunned that the court threw out Weinstein’s conviction on legal technicalities, I am still proud that I testified and confronted that convicted rapist,” she said. “Preparing for the trial took two years of my life. I had to relive the trauma of the assault every day. But since today’s ruling, people have asked me if I regret having testified. Was this all for naught? And my answer is a resounding ‘no.’ I came forward to support other women who were also sexually abused by Weinstein and to ensure that he would be held accountable. I had nothing to gain and much to lose in terms of loss of privacy and the trauma that comes with confronting one’s abuser in court. I am a stronger person for having done so, and I know that other women found strength and courage because I and other Weinstein survivors confronted him publicly. The culture has changed, and I am confident that there is no going back. I urge the District Attorney to retry this case.”
Will he still be in prison?
According to NBC News, Weinstein will remain in prison due to his 2022 Los Angeles rape conviction, in which he was sentenced to 16 years in prison.
