Harvey Weinstein, the disgraced movie producer, is set to return to court on November 12 to face a new trial on rape charges, following the reversal of his initial conviction in 2020.
Weinstein, now 72, was initially found guilty of rape in the third degree and committing a criminal sex act in Manhattan. He was sentenced to 23 years in prison. However, the New York Court of Appeals overturned the conviction in April due to the inclusion of witnesses whose allegations were not part of the original charges.
Thanks to new legislation in New York, prosecutors can now use a defendant’s prior sexual assault history as evidence to demonstrate a pattern of behavior. As a result, prosecutors are preparing to try Weinstein again, this time charging him with “additional violent sexual assaults” based on testimonies from new accusers.
Weinstein’s legal team hopes to move the trial to September. Meanwhile, he is being held at Rikers Island as he awaits the new trial. Judge Curtis Farber has ordered the appointment of a special magistrate to oversee the discovery process, as new evidence is introduced.
Prosecutors are working to secure a new grand jury indictment, which will include the new charges. In the initial 2020 trial, Weinstein was only found guilty of raping Jessica Mann in 2013 and sexually assaulting Miriam Haley in 2006. The #MeToo movement saw over 80 women accuse Weinstein of sexual misconduct.
Weinstein’s lawyer, Arthur Aidala, has argued that it is unfair for prosecutors to add new victims to the case after the initial conviction was overturned. Separately, Weinstein was found guilty in a rape trial in California and sentenced to 16 years. He has not yet begun serving his sentence.
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