‘Sex pest’ Weinstein could go free warn lawyers
HARVEY Weinstein could walk away a free man after his upcoming trial despite the #Metoo storm he provoked, legal experts have warned.
The disgraced movie producer could face life behind bars if convicted on charges of rape, sexual assault and predatory sexual assault at his trial, which begins in New York on Monday, January 6.
Weinstein, 67, finally faces a jury after two years of allegations that rocked Hollywood, ignited the #Metoo and Time’s Up antisexual harassment movements and resulted in more than 80 women making serious claims against him.
Earlier this month, Weinstein’s lawyers reached a £19million settlement with more than 30 actresses and former employees who had filed civil suits against him.
Many are viewing his upcoming trial as a “slam dunk” case – a phrase often used by US prosecutors – with conviction and incarceration a near certainty.
But the Sunday Express can reveal today that some legal experts are not convinced.
Wendy Murphy, a leading class action lawyer in Boston, says she expects the fallen film producer’s team to use the “very definition” of rape in his defence. She said: “In New York, rape is defined as ‘forcible compulsion’, compelling the victim through the use of physical force or the threat of immediate death, injury or kidnapping.”
Many of his victims claim they were coerced into performing sexual acts, but Ms Murphy believes Weinstein could argue they were not physically forced or fearful for their lives. She added: “One of the problems in a case like this is that Weinstein’s lawyers will have the ability to argue that it wouldn’t matter if the victim didn’t want to do what he allegedly wanted, because she eventually gave in.
“I am concerned that Weinstein’s lawyers will be able to argue, ‘She said no, but then she changed her mind’. ”
Jeff Herman, a prominent sex crimes lawyer, says he too has doubts about the criminal prosecution being successful, because the burden of proof is “very high in these kinds of ‘he-said-she-said’ cases”.
He added: “Prosecutors must prove beyond a reasonable doubt that a sex crime did occur – and that can be very difficult.”
The charges Weinstein will face, to which he has pleaded not guilty, focus on the allegations of three women.
But other actresses and former employees who claim to have been abused by Weinstein will be allowed to give evidence.
The movie mogul’s appearance has transformed in recent weeks. Two weeks ago, he shuffled into court for a bail hearing pushing a steel walker prior to back surgery. He is also said to have lost 25lb.