Fury as Harvey Weinstein rape conviction overturned as Manhattan prosecutor commits to retry case
‘This is what it’s like to be a woman in America, living with male entitlement to our bodies,’ says Weinstein accuser, Ashley Judd
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The women who came forward against Harvey Weinstein reacted with fury after the disgraced media mogul’s rape and sexual assault convictions were overturned by a New York appeals court on Thursday.
Weinstein, 72, was found guilty in 2020 of raping and assaulting two women, and is serving his 23-year sentence at a prison in upstate New York.
In a 4-3 decision on Thursday, New York’s highest court ruled the original judge made “egregious errors” in the trial by allowing prosecutors to call witnesses whose allegations were not related to the charges at hand.
Weinstein was once one of Hollywood’s most well-connected and powerful producers who made a series of Oscar-winning films. But behind the glamourous facade, it was a different story. More than 80 women have accused him of abuse ranging from groping to rape. Even with his conviction overturned in New York, he remains convicted of rape in California.
The Weinstein revelations launched the #MeToo movement in 2017, which saw women from all corners of society come forward to talk about their experiences of sexual harassment and assault.
On Thursday, Ashley Judd, the first Hollywood actress to come forward with allegations of sexual harrassment against Weinstein, angrily hit back at the court’s decision.
“This is what it’s like to be a woman in America, living with male entitlement to our bodies,” she said at a press conference.
Mimi Haley, previously Haleyi, was one of two women that Weinstein was convicted of raping in New York. She issued a statement through her attorney, Gloria Allred, who also represented two other women who testified.
“Although victims have lost this battle they have not lost the war,” Ms Allred told The Independent. “We will continue to fight for justice for victims both in criminal and civil cases until there is a fair trial not just for the accused but also for those who allege that they are victims of sexual predators.”
Ms Haley would be willing to testify again if prosecutors bring a new case, Ms Allred added.
“Even though the process of testifying was grueling and retraumatizing for Mimi, she reaffirmed to me today that she would consider testifying again if District Attorney Alvin Bragg decided to proceed with a new trial of Harvey Weinstein,” she said.
“I commend Mimi on her courage and willingness to keep standing up for the truth.”
Ambra Battilana Gutierrez, a model who accused Weinstein of groping her, slammed the court’s decision and demanded that Manhattan District Attorney Alvin Bragg pursue a new trial.
“This is an on-going failure of the justice system — and the courts — to take survivors seriously and protect our interests,” she posted on Instagram.
Ms Gutierrez called on New York legislators to move forward with the Adult Survivors Act which would allow sexual assault cases to be tried beyond the statute of limitations.
Katherine Kendall, an actress who said that Weinstein had groped her in his New York home, said she woke up to the news on Thursday.
“I feel more than ever how important it is to keep breaking silence about sexual predators, and to keep supporting victims as they speak out,” she also posted to her Instagram account.
While the majority of justices on the appeals court found in favour for Weinstein, three of the seven issued a scathing dissent.
“Fundamental misunderstandings of sexual violence perpetrated by men known to, and with significant power over, the women they victimize are on full display in the majority’s opinion,” wrote Judge Madeline Singas.
Many of the women’s legal advocates also condemned the decision. Lindsay Goldbrum, who represented six women against Weinstein, called the decision a “leap backward for the rule of law” and said it could deter future sexual assault victims from coming forward.
Weinstein’s attorney Arthur Aidala hailed the court for its decision on Thursday and said his client had been “tried on his character, not the evidence.”
“Today’s legal ruling is a great day for America,” he said, at a press conference outside Manhattan criminal court.
The appeals court decision means that Weinstein, who is imprisoned at Mohawk Correctional Facility in Rome, New York, is now entitled to a new trial.
Yet, it doesn’t mean he will walk free. He was also convicted of rape in California and sentenced to 16 years in 2022.
However, he will not be immediately extradited to California. Weinstein will be moved to a different facility, likely in New York City, his spokesperson Juda Engelmayer told The Independent. There, he will await word on whether Mr Bragg intends to re-try the case.
Manhattan District Attorney Alvin Bragg has vowed to retry Weinstein over the charges in New York.
“We will do everything in our power to retry this case and remain steadfast in our commitment to survivors of sexual assault,” a spokesperson for Mr Bragg’s office wrote in a statement to The Independent.