New York Post

NY pols stand up for vics

Bid to knot ‘Harv overturn’ loophole

- By JACK MORPHET and VAUGHN GOLDEN

Harvey Weinstein is causing a retake on sex-crimes laws in Albany.

Lawmakers are racing to update trial procedures for accused perverts after New York’s highest court last month threw out the disgraced movie mogul’s 2020 sex conviction on a technicali­ty.

A group of legislator­s joined with some of Weinstein’s courtroom accusers Thursday to tout legislatio­n that would close the loophole and allow victims to speak out freely at trials.

“When there are multiple victims of sexual assault, their voices should be heard together and collective­ly,” said Tarale Wulff, one of the alleged victims of Weinstein’s sexual misconduct who testified at his trial, even though Weinstein wasn’t actually charged with attacking her.

“Sexual assault survivors who come forward are rarely the only victims of their accusers.”

‘Molineux’ nix

The Court of Appeals ruled 4-3 last month that it was unfair to allow alleged victims like Wulff — known legally as Molineux witnesses — to testify in sex trials because their claims weren’t actually part of the criminal complaint.

The ruling gutted the use of Molineux witnesses in the state. But legislator­s said witnesses’ testimony is crucial in prosecutin­g sex crimes and vowed to pass legislatio­n bringing them back.

“In sexual assault cases, which typically rely on the testimony of the survivor, it is essential,” said Assemblywo­man Amy Paulin (D-Westcheste­r), one of the bill’s sponsors in her chamber.

Paulin spoke alongside Wulff and fellow Weinstein Molineux accuser Ambra Gutierrez.

State Sen. Michael Gianaris (D-Queens) said he was sponsoring the Senate version of the bill legalizing the use of Molineux witnesses.

“Very often, cases rely on the testimony of two people with conflictin­g accounts and therefore we think this justifies an exception to show a pattern of behavior . . . So we are introducin­g this legislatio­n, hopefully, we get it passed before the session adjourns in a month,” he said.

‘Negative light’

Judge Jenny Rivera, who wrote the majority opinion, argued that the Molineux testimony served to paint Weinstein in a negative light to the jury.

Rivera was joined by lefty Chief Judge Rowan Wilson in the opinion. Weinstein is now being held at Rikers Island and facing the prospect of a second trial.

The bill in response to the Weinstein ruling would implement language almost mirroring federal guidelines on evidence, bringing New York in line with more than a dozen other states.

Lawmakers have been scrambling to make a legislativ­e fix since the Weinstein ruling.

“I’m glad that the new legislatio­n by Senator Gianaris and Assembly Member Paulin will allow more survivors of sexual abuse to come forward and help keep creeps like Harvey Weinstein from using their power and influence to prey on victims,” Senate Judiciary Committee Chairman Brad Hoylman-Sigal (D-Manhattan) told The Post.

Senate Majority Leader Andrea Stewart-Cousins (D-Westcheste­r), when asked by The Post this week, said she’s open to considerin­g a legislativ­e fix.

Wulff said she believes something will be done to help future victims. “After the shock of learning the conviction being overturned, I immediatel­y started chasing a silver lining,” Wulff said

“I thought there has to be a reason why this is happening to us. If that megaphone is on us, then this is the opportunit­y we have right now to make a change.”

Newspapers in English

Newspapers from United States