Weinstein rape conviction is quashed by top New York court

Landmark MeToo case reopened as judge says retrial should take place

Harvey Weinstein’s 2020 conviction for sexual assault and rape has been overturned by New York’s highest court, reopening the landmark case that fuelled the MeToo movement and highlighting the challenges of holding powerful men accountable.

In a bitterly divided 4-3 decision yesterday, the state Court of Appeals said the trial judge made a critical mistake by letting women testify that Weinstein assaulted them, even though their accusations were not part of the charges he faced.

“The remedy for these egregious errors is a new trial,” Judge Jenny Rivera wrote for the majority.

Weinstein (72), has been serving a 23-year sentence in a prison in upstate Rome, New York. He is not expected to be freed immediately, as he also faces a separate 16-year prison term in California after being convicted there last year for the 2013 rape of an actress at a Los Angeles hotel.

“We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault,” Emily Tuttle, a spokesperson for Manhattan District Attorney Alvin Bragg, said in an email.

Arthur Aidala, a lawyer for Weinstein, called the decision a victory for his client and any American charged with a crime, “no matter how popular or unpopular they are”.

Weinstein has denied having non-consensual sexual encounters with anyone.

Ashley Judd, an actress and one of Weinstein’s accusers, said at a press conference that the decision is “an act of institutional betrayal”.

Judge Madeline Singas said the decision “perpetuates outdated notions of sexual violence” and makes holding defendants accountable for sexual assault “significantly more difficult”.

She also accused the majority of whitewashing the facts and continuing what she called a “disturbing trend” of overturning jury verdicts in sexual violence cases.

“New York’s women deserve better,” Judge Singas wrote.

The New York conviction had been considered a milestone for the MeToo movement.

“Some thought the [Los Angeles] case to be superfluous,” Elizabeth Fegan, a lawyer for some of Weinstein’s accusers, said in an email. “Now we realise how important it was.”

Mr Aidala said the New York decision could influence a California appeals court which is considering whether to overturn that conviction. The California trial similarly featured testimony about his alleged past misconduct as part of the prosecution case.

The appeals court also said the trial judge compounded its error by letting Weinstein be cross-examined on a range of “loathsome” conduct, including fits of anger towards associates that portrayed him in a “highly prejudicial” light.

“It is an abuse of judicial discretion to permit untested allegations of nothing more than bad behaviour that destroys a defendant’s character but sheds no light on their credibility as related to the criminal charges,” the ruling said.