Setback for #MeToo Movement: Harvey Weinstein’s Conviction for Sexual Assault Overturned by New York State Supreme Court

The Court of Appeals in New York State overturned the rape conviction of former Hollywood producer Harvey Weinstein on April 25 and ordered a retrial.

72-year-old Weinstein was convicted in 2020 by a Manhattan court in New York State of criminal sexual acts and first-degree rape, receiving a 23-year sentence, and is currently serving time in state prison. However, on April 25, the New York State Court of Appeals ruled by a vote of 4-3 that the trial judge in Manhattan, James Burke, “erroneously” allowed three women unrelated to the case to testify. The court found that their testimonies were biased and portrayed the defendant in an overly negative light. Additionally, Judge Burke allowed others to testify about Weinstein’s alleged sexual misconduct, permitting cross-examination by women who were not the original accusers, which was deemed an abuse of judicial discretion. The Court of Appeals therefore decided that due to these serious errors that could not be remedied, a retrial must be conducted.

Weinstein’s lawyer, Arthur Aidala, praised the court’s decision, stating that it was not only a victory for Weinstein but for every criminal defendant in New York State.

Manhattan District Attorney Alvin Bragg’s office pledged to retry Weinstein, with a spokesperson stating, “We will make every effort to retry this case and uphold our commitment to survivors of sexual assault.” Douglas H. Wigdor, representing the two plaintiffs in the case and six other victims, also issued a statement, expressing that the Court of Appeals ruling was “a serious setback in holding sexual violence accountable.” He pointed out that allowing other uncharged victims to testify during the original trial was to help the jury better understand the defendant’s intent, modus operandi, or conspiracy. A retrial, he argued, would cause victims to suffer again.

The overturning of Weinstein’s conviction in New York State can be seen as the second major setback for the #MeToo movement, following the overturning of the sexual assault conviction of veteran comedian Bill Cosby by the Pennsylvania Supreme Court, leading to his release. However, Weinstein will not be released as he has been convicted in California for the rape of an Italian model and sentenced to 16 years. Thus, even if there is no retrial in New York, he will be transferred to the custody of California prison authorities.