Harvey Weinstein Rape Conviction Overturned

Four years after he was convicted of rape in New York, disgraced move producer Harvey Weinstein’s 2020 conviction has been overturned by the State of New York Court of Appeals, according to CBS News. The court went on to order a retrial.

Allegations of rape and sexual misconduct first emerged against Weinstein,72, in 2017, sparking the MeToo movement, in which many Hollywood stars and industry professionals came out to share stories of being harassed and assaulted by high-profile individuals. 

In the 2020 trial, Weinstein was found guilty of third-degree rape for sexually assaulting an actress in 2013, as well as for committing a criminal sex act in 2006 by forcing oral sex on a former production assistant. He was given a prison sentence of 23 years behind bars.

Now, the appeals court has ruled — in a 4-3 decision — that Weinstein should be retried due to the judge who presided over the original case “erroneously” making the mistake of allowing the prosecution to call witnesses whose accusations were not included in the charges against him. The error was “compounded “by the judge allowing Weinstein to be cross-examined about the uncharged allegations, which — they added — diminished Weinstein’s character before a jury, the appeals court said.

Prosecutors cannot use “prior convictions or proof of the prior commission of specific, criminal, vicious or immoral acts” in order to establish someone’s criminality which, the appeals court explained. This means that when made the judge allowed alleged victims — whose claims were not part of the charges against Weinstein — to testify, he was judged by the jury “on irrelevant, prejudicial, and untested allegations of prior bad acts.”

Subsequently, Manhattan prosecutors will have to decide if they want to pursue a retrial, which Manhattan District Attorney Alvin Bragg — who was not in office at the time of Weinstein’s original trial — seemed to indicate they may. “We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault,” he said.

Notably, Weinstein is still behind bars at this time, as he was also convicted of rape in Los Angeles in 2023 and sentenced to 16 years in prison. He’s also been hit with two charges of indecent assault in the United Kingdom, and is facing a recently filed sexual lawsuit lawsuit, alongside Madison Square Garden Entertainment CEO James Dolan. Both men have denied the allegations.