Content warning: this article discusses rape and sexual assault.

The New York Court of Appeals has overturned Harvey Weinstein‘s 2020 conviction for rape, ordering a new trial.

The state’s highest court overruled the decision in a 4-3 verdict, deeming that judge at the trial prejudiced the disgraced movie mogul with improper rulings. This included the decision to let women testify about allegations that weren’t part of the case.

In 2020, Weinstein was sentenced to serve 23 years in a New York state prison, having been convicted of first-degree and third-degree rape. The former film producer was found guilty on February 24, 2020, and charged on March 11.

Despite his conviction being overturned, Weinstein will remain imprisoned because he was convicted in Los Angeles of another rape and sentenced to 16 years. However, Weinstein was acquitted in the Los Angeles trial on charges involving a woman who testified in his New York case.

Harvey Weinstein
Harvey Weinstein. CREDIT: Getty/ETIENNE LAURENT / POOL / AFP

In the New York case, Weinstein was convicted of sexually assaulting a former production assistant on Project Runway at his apartment in 2006. He was also convicted of raping a woman at a hotel in 2013.

Weinstein’s attorneys, led by Arthur Aidala, appealed the conviction on numerous grounds, but were denied in 2022. The New York Court of Appeals, however, agreed to hear the case.

At oral argument in February this year, Aidala maintained the judge had prejudiced against Weinstein by allowing three women to testify against his character, despite them not being involved in the allegations for which he was actually charged.

“This is major prejudice,” Aidala argued. “It’s saying, ‘He’s a bad guy. He’s a bad guy. He’s a bad guy.’”

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This is a developing story. More to follow.

For help, advice or more information regarding sexual harassment, assault and rape in the UK, visit the Rape Crisis charity website. In the US, visit RAINN.



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