Weinstein process, the second: procedure is re-rolled up
A series of allegations against Harvey Weinstein due to severe sexual attacks triggered the worldwide metoo avalanche in the fight against male abuse of power. The guilty verdict from 2020 was new territory. However, procedural errors led to the abolition of the judgment. The 73-year-old hopes for purification. What you need to know about the new edition of the process from Tuesday (April 15th).
Why is the trial against Harvey Weinstein re -rolled up?
In April 2024, a Court of Appeal in New York surprisingly collected Weinstein’s original conviction from 2020. The judges criticized serious procedural errors – especially the approval of testimonies that were not part of the indictment, but with which patterns in Weinstein’s alleged acts should be disclosed.
« The only evidence against the accused was the applicants’ statements, » said the reasoning of the Court of Appeal. The additional witnesses had illegally shaped the image of Weinstein in front of the jury.
What role does the case for the Metoo movement play?
The allegations against Weinstein are the trigger of the global metoo movement against male abuse of power and sexual attacks worldwide. Since 2017, more than 80 women had been publicly explained that the once powerful producer (« Pulp Fiction », « Gangs of New York ») had exploited his position for sexual assault.
The guilty verdict in 2020 was finally 23 years in prison for rape and sexual assault. The verdict was celebrated in many circles as social progress and legal milestone because the testimonies’ statements were sufficient even without clear material evidence to convince the jury of Weinstein’s guilt. Even the United Nations spoke of an “important turning point” in persecution of violence against women.
Worldwide debate triggered: Inidic women also started a #metoo campaign to show how widespread sexual violence against women is still and how often this is dismissed as a « cavalier offense ». Photo: AFP
The cancellation of the conviction shocked many Metoo supporters. The cultural change initiated with the case with progress in strengthening women’s rights, however, is largely unaffected by the legal decision.
What is the new procedure about?
As now, the allegations of two women were at the center of the process: Weinstein was said to have forced the production assistant Mimi Haleyi for oral sex in 2006 and raped the actress Jessica Mann in 2013.
Now the public prosecutor brings both allegations to court again, but added another case: A woman accuses Weinstein of also forced her to have oral sex in 2006. Although she had already reported to the authorities before the first trial, but her statements were not taken into account at the time.
The jury selection in the Weinstein process begins on Tuesday, the opening plea on April 22nd. The procedure could extend over five weeks. Weinstein has always rejected any guilt. His lawyers emphasize that the sexual contacts were mutually acceptable.
What will be different in the process?
The witnesses, whose abuse of abuse were heard in the first process, but who were not part of the indictment, will not be allowed to testify again. Even terms such as « survivors » must not be used in the new process – a attempt by judge Curtis Farber to keep the procedure sober and legally stringent.
The judge also prohibited the word « violence » in a description of a witness at a hearing before the process begins. The court also allowed a psychologist’s testimony in the process, which will speak of the psychological consequences of sexual violence.
What is not being negotiated again?
While the debt sayings of the old procedure are no longer allowed to play a role, the acquittals remain in 2020. These include the two most serious allegations – including that of the « predatory sexual attack ». These must not be negotiated in the new process.
Regardless of the canceled judgment in New York, Weinstein remains in custody. In 2023 he was also sentenced to another 16 years in prison in a separate procedure in Los Angeles for sex crimes. This judgment is also contested by his defense.
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What is Weinstein’s state of health?
Weinstein’s battered health has been causing discussions for months. According to his team, he suffers from high blood pressure, heart problems, diabetes-and finally a leukemia was reported. He was moved from prison to hospitals several times. The 73-year-old usually appears in a wheelchair in court and asked the judge to start the procedure quickly. He doesn’t have much time.
