Everything you need to know about Harvey Weinstein’s retrial – and why he still won’t be released from prison
Seven years after allegations against him first emerged online, Harvey Weinstein is back in court.
When the accusations surfaced in late 2017, the American actress Alyssa Milano tweeted: “If all the women who have been sexually harassed or assaulted wrote ‘Me too’ as a status, we might give people a sense of the magnitude of the problem.”
This gave birth to what we now know as the #MeToo movement and a flood of women – famous and not – sharing stories of gender-based violence and harassment.
Weinstein was jailed in 2020 and has been held at New York’s notorious Rikers Island prison complex ever since.
Today, jury selection begins for the case against the 73-year-old, where the original charges of rape and sexual assault will be heard again.
Here we look at why there’s a retrial – and why he will likely remain behind bars – and what has happened to #MeToo.
Why is there a retrial?
Weinstein is back in court because his first two convictions were overturned last April and are now being retried.
In 2020 he was sentenced to 23 years in prison after being found guilty of sexually assaulting ex-production assistant Mimi Haley in 2006 and raping former actor Jessica Mann in 2013.
Miriam (Mimi) Haley arrives at court in New York in 2020. Pic: AP
Jessica Mann outside court in Manhattan in July 2024. Pic: AP
But in April 2024, New York’s highest court overturned both convictions due to concerns the judge had made improper rulings, including allowing a woman to testify who was not part of the case.
At a preliminary hearing in January this year, the former Hollywood mogul, who has cancer and heart issues, asked for an earlier date on account of his poor health, however, that was denied.
Arriving at court for his original trial in New York in February 2020. Pic: Reuters
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When the retrial was decided upon last year, Judge Farber also ruled that a separate charge concerning a third woman should be added to the case.
In September 2024, the unnamed woman filed allegations that Weinstein forced oral sex on her at a hotel in Manhattan in 2006.
Defence lawyers tried to get the charge thrown out, claiming prosecutors were only trying to bolster their case, but Judge Farber decided to incorporate it into the current retrial.
Weinstein denies all the allegations against him and claims any sexual contact was consensual.
Why won’t he be released?
Even if the retrial ends in not guilty verdicts on all three counts, Weinstein will remain behind bars at Rikers Island.
This is because he was sentenced for a second time in February 2023 after being convicted of raping an actor in a Los Angeles hotel room in 2013.
At a pre-trial hearing in Los Angeles in July 2021. Pic: Reuters
He was also found guilty of forcible oral copulation and sexual penetration by a foreign object in relation to the same woman, named only in court as Jane Doe 1.
The judge ruled that the 16-year sentence should be served after the 23-year one imposed in New York.
Weinstein’s lawyers are appealing this sentence – but for now, the 16 years behind bars still stand.
Has #MeToo made a difference – and what’s changed?
“MeToo was another way of women testifying about sexual violence and harassment,” Dr Jane Meyrick, associate professor in health psychology at the University of West England (UWE), tells Sky News.
“It exposed the frustration around reporting cases and showed the legal system was not built to give women justice – because they just gave up on it and started saying it online instead.
“That was hugely symbolic – because most societies are built around the silencing of sexual violence and harassment.”
Women on a #MeToo protest march in Los Angeles in November 2017. Pic: Reuters
After #MeToo went viral in 2017, the statute of limitation on sexual assault cases was extended in several US states, giving victims more time to come forward, and there has been some reform of non-disclosure agreements (NDAs), which were regularly used by Weinstein.
This has resulted in more women speaking out and an increased awareness of gender-based violence, particularly among women, who are less inclined to tolerate any form of harassment, according to Professor Alison Phipps, a sociologist specialising in gender at Newcastle University.
“There’s been an increase in capacity to handle reports in some organisations and institutions – and we’ve seen a lot of high-profile men brought down,” she says.
“But the #MeToo movement has focused on individual men and individual cases – rather than the culture that allows the behaviour to continue.
“It’s been about naming and shaming and ‘getting rid’ of these bad men – by firing them from their jobs or creating new crimes to be able to send more of them to prison – not dealing with the problem at its root.”
Actress Alyssa Milano tweeted about #MeToo when the Weinstein accusations surfaced. Pic: AP
Dr Meyrick, who wrote the book #MeToo For Women And Men: Understanding Power Through Sexual Harassment, gives the example of the workplace and the stereotype of “bumping the perp”, or perpetrator.
“HR departments are still not designed to protect workers – they’re built to suppress and make things go away.” As a result, she says, men are often “quietly moved on” with “no real accountability”.
The same is true in schools, Prof Phipps adds, where she believes concerns around the popularity among young boys of self-proclaimed misogynist and influencer Andrew Tate are being dealt with too “punitively”.
“The message is ‘we don’t talk about Andrew Tate here’ and ‘you shouldn’t be engaging with him’,” she says. “But what we should be doing is asking boys and young men: ‘why do you like him?’, ‘what’s going on here?’ – that deeper conversation is missing,” she says.
The former film producer on the red carpet in Los Angeles in 2015. Pic: AP
Have high-profile celebrity cases helped?
Both experts agree they will have inevitably empowered some women to come forward.
But they stress they are often “nothing like” most other cases of sexual violence or harassment, which makes drawing comparisons “dangerous”.
Referencing the Weinstein case in the US and Gisele Pelicot‘s in France, Dr Meyrick says: “They took multiple people over a very long period of time to reach any conviction – a lot of people’s experiences are nothing like that.”
Prof Phipps adds: “They can create an idea that it’s only ‘real’ rape if it’s committed by a serial sex offender – and not every person who perpetrates sexual harm is a serial offender.”
A woman holds a ‘support Gisele Pelicot’ placard at a march in Paris during her husband’s rape case. Pic: AP
Gisele Pelicot outside court. Pic: Reuters
Part of her research has focused on ‘lad culture’ in the UK and associated sexual violence at universities.
She says: “A lot of that kind of violence happens in social spaces, where there are drugs and alcohol and young people thrown together who don’t know where the boundaries are.
“That doesn’t absolve them of any responsibility – but comparing those ‘lads’ to Harvey Weinstein seems inappropriate.”
Dr Meyrick says most victims she has spoken to through her research “wouldn’t go down the legal route” – and prosecution and conviction rates are still extremely low.
“Most don’t try for justice. They just want to be believed and heard – that’s what’s important and restorative,” she says.
But specialist services that can support victims in that way are underfunded – and not enough is being done to change attitudes through sex education and employment policy, she warns.
“Until we liberate men from the masculine roles they’re offered by society – where objectification of women is normalised as banter – they will remain healthy sons of the patriarchy.
“We need transformative, compassionate education for young men – and young women. That’s where the gap still is.”
The Edinburgh Fringe, the world’s largest arts festival, is getting under way, and the conflict in Gaza seems to be feeding into what’s happening.
From shows cancelled to artists divided, it’s no joke.
Rachel Creeger has had a distressing start to her stand-up run.
Two weeks ago, out of the blue, she says the venue Whistle Binkies rang her and fellow Jewish comedian Philip Simon to cancel their slots.
Rachel Creeger says her Edinburgh shows have been cancelled by the venue
She told Sky News it’s come down to “what we bring to that venue by being ourselves”.
The pair were allegedly given three reasons for the cancellation.
One was linked to a “vigil for IDF soldiers” that she says the venue initially claimed had been held during her performance last year but, according to Creeger, later had to admit hadn’t taken place.
“That never happened,” she insists.
Rachel says she was told her previous performances there had resulted in the venue having to pay for graffiti to be removed from toilet doors every three days.
“Again, we didn’t see evidence of that at all,” she says.
“We’re not the ones writing it… but if it was bothering them and they worried it was bothering us, then maybe we’d have volunteered to help them – or to help clean it.”
She claims she was also told the venue was responding to staff concerns about their own safety should Creeger’s show go ahead.
“It’s a pub in Edinburgh, it’s a music venue, they themselves have bouncers most evenings… And perhaps they might say if there’s a concern about extra risk, we should do all we can to make our performers safe.”
‘More unites us than divides us’
Creeger says her show is in no way political.
“It’s based around the idea that a Jewish mother can answer any question, solve any problem… I will make it better for you, the audience gets to write a question and put it into a chicken soup pot… The reason I kind of love it is because by the end of it people leave feeling actually more unites us than divides us.
“We’re not the people making the trouble,” she adds.
“I’ve certainly never started a protest, I’ve never done graffiti, I’ve never caused harm anywhere; my show doesn’t do that, my show is lovely.”
As Britain’s only touring comedian who is also a practising Orthodox Jew, she says since the 7 October attack she and other Jewish comedians are experiencing a significant increase in antisemitism while performing.
“We’re not Israeli, we’re British Jews,” says Creeger.
“The situation there is horrendous and distressing and painful for people of any number of religions and races… To be kind of scapegoated with dog whistles around that is clearly very, very unpleasant.”
The Fringe Society has said its role is to provide support and advice to all participants at the festival “with a vision to give anyone a stage and everyone a seat”.
A spokesperson explained they don’t manage or programme venues and “we understand that the show cancellations have been a choice made by the venue”.
Whistle Binkies hasn’t responded to multiple requests for comment.
Police Scotland told Sky News it hasn’t “received any reports of concern” about Creeger’s show.
There are, of course, huge sensitivities when it comes to discussing what’s going on in the world right now.
American stand-up Zainab Johnson is making her Fringe debut this year.
While her show Toxically Optimistic is all about putting a positive spin on life’s challenges, she doesn’t shy away from tackling the serious stuff if it comes up.
Zainab Johnson says her show doesn’t shy away from tackling serious issues
‘Shows becoming serious is a part of life’
“If I’m doing a show and somebody wants to yell out Free Palestine, well let’s talk about it,” she tells Sky News.
“I am the comedian where, if the show has to become serious, it becomes serious. That’s a part of life, you know?”
Johnson adds: “I’m from the United States and they talk about free speech all the time, but then you find out free speech ain’t really free because the moment you say something that is contrary to what the majority feels or wants to be heard, then you can be penalised…
“But isn’t that the beauty of this festival? So many people just telling their story, whatever their story is.”
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Comedian Andy Parsons has had a long-standing career in satire, appearing regularly on shows like BBC2’s Mock the Week.
While he has the likes of Elon Musk and Nigel Farage in his sights for his stand-up show, Please #@!$ Off to Mars, they’re not his only focus.
Andy Parsons says comedians ‘should be able to talk about anything’
He says stand-ups “should be able to talk about anything and find a way to get that to work, including Israel and Gaza”.
He explains jokingly: “I’ve got some stuff about Israel in the show and obviously it can work both ways. It can give you some publicity and obviously it can get you cancelled.”
Irish-Palestinian comedian Sami Abu Wardeh – a clown comic – is the only Palestinian doing a full run of a comedy show at this year’s Fringe.
“My show is clowning, it’s storytelling, it’s even got a bit of stand-up and it’s heavily inspired by the comedian Dave Allen, who is one of my comedy heroes,” says Wardeh.
“It felt really important that I come and just exist in this space, as a Palestinian, and speak my words and have my voice heard.
“I’ve used all of these skills to make a show that is about really what’s going on in this country and in the world at the moment.
Irish-Palestinian comedian Sami Abu Wardeh is the only Palestinian doing a full run at this year’s Fringe
“I think most people in this country are going to recognise that Britain is in a very dark place… and I’m hoping to reach those people and to give a voice to the dissatisfaction.”
‘Plans in place’ for disruption
He’s had to consider the possibility of protests and take steps to “make sure that the audience and myself are safe and secure”.
“We have plans in place to know how to deal with people who are disruptive,” he says. “And particularly anybody who wants to bring any kind of bigoted views into the room.”
As one of the very few Palestinians at the festival, Wardeh says it is “not only my duty” but “an honour to be here and to represent my people”.
He also feels it’s wrong that Rachel Creeger has had her venue cancelled.
“I sincerely support free speech and I think everyone should be able to get on the stage and say what they want, within reason obviously,” says Wardeh.
Rachel says she hopes to confirm a new venue for her show on social media in the coming days.
“We’ve thankfully had a number of venues approach us to say that they have space available, so I’m hopeful that I’ll get – if not a full – then at least part of the run for the show.”
Since arriving in Edinburgh she’s been overwhelmed by how many hugs of support she’s received.
“To have super high-profile comedians put their heads above the parapet to say ‘this is wrong’, it means so much…In a way the story is that someone’s done something very hurtful… But look at all the love, that’s amazing.”
Sami Abu Wardeh’s Palestine: Peace de Resistance is at the Pleasance Dome in Edinburgh until 24 August
Andy Parsons’ Please #@!$ Off to Mars is at Pleasance Courtyard’s Cabaret Bar until 10 August
Zainab Johnson: Toxically Optimistic is at Pleasance Courtyard until 24 August
Entertainment
Flintoff praises NHS staff who treated him after crash, as doctor says his injuries were ‘among most complex’ he’s ever seen
Andrew Flintoff has praised the “love and compassion” of “superhero” staff in a visit to the hospital that treated him after his crash.
The cricket legend was seriously injured during the incident on the Top Gear track in Surrey in December 2022.
He was airlifted to St George’s in Tooting, with a surgeon calling Flintoff’s injuries some of the most complex he’s seen.
“I just want to say a massive thank you to all the staff at St George’s,” Flintoff said, as he returned to the London hospital.
“I came here probably the lowest I’ve ever been, in need of help and the expertise, the love, the compassion they showed me was incredible.
“I’ll be eternally grateful – absolute superheroes.”
Maxillofacial surgeon Jahrad Haq said Flintoff’s case was very complex. Pic: PA
Jahrad Haq, a maxillofacial surgeon, said he knew immediately the case was something out of the ordinary.
“I was on call that day and received a phone call from the emergency department consultant,” said Mr Haq.
“A lot of injuries are managed at a more junior level before escalating, so I knew this one was serious.
“Of all the trauma cases I’ve seen in over 20 years, this was among the most complex.”
The ex-cricketer with nurses Linda Holden (left) and Sonia Steer. Pic: PA
Flintoff was also pictured on his visit meeting lead dental nurse Linda Holden and principal orthodontic nurse Sonia Steer.
Shamim Umarji, who also treated the 47-year-old, said it was “wonderful to see Freddie again and his visit gave staff a real boost”.
“He spent a lot of time chatting to everyone and it meant a lot,” added the trauma and orthopaedic surgeon.
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Flintoff previously described how he thought he had died in the accident – which saw him “pulled face-down on the runway” for about 50m under a three-wheel car.
The incident led to the BBC pulling the plug on Top Gear and it remains unclear if it will ever return.
Hollywood actor Brian Cox has told Sky News that Donald Trump is talking “bollocks” after suggesting there should be 50 or 75 years between Scottish independence referendums.
The US president said a country “can’t go through that too much” when questioned by reporters during his visit to Scotland this week.
The Emmy-winning star, who is an independence supporter, has hit back, branding him “that idiot in America”.
The 79-year-old told Sky News: “He’s talking bollocks. I’m sorry, but he does. It’s rubbish. Let’s get on with it and let’s get it [independence] done. We can do it.
“It’s been tough as there’s a great deal of undermining that has gone on.”
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Trump responds to Sky question on Israel
SNP fraud probe causing ‘harm’
Mr Cox said the police fraud investigation examining the SNP’s finances has done “enormous harm” to the party and wider independence movement.
Nicola Sturgeon was arrested as part of the long-running police probe but cleared of any wrongdoing earlier this year.
The former first minister’s estranged husband Peter Murrell, who was SNP chief executive for two decades, appeared in court in April to face a charge of alleged embezzlement. He has entered no plea.
Brian Cox is preparing to return to the Scottish stage for the first time in a decade in a play about the Royal Bank of Scotland’s role in the 2008 financial crash.
Ahead of the Edinburgh festival performances, the veteran actor told Sky News: “I think it’s a masterpiece. It’s certainly one of the best pieces of work I’ve been involved in.
Brian Cox speaking to Sky’s Connor Gillies
‘My friend Spacey should be forgiven’
The Succession star was also asked about his “old friend” Kevin Spacey.
The former House of Cards actor, 65, was exiled from the showbiz world in 2017 after allegations of sexual misconduct.
Spacey has admitted to “being too handsy” in the past and “touching someone sexually” when he didn’t know they “didn’t want him to”.
Spacey stood trial in the UK for multiple sexual offences against four men in July 2023 but was acquitted on all counts.
Kevin Spacey
Mr Cox told Sky News: “I am so against cancel culture. Kevin has made a lot of mistakes, but there is a sort of viciousness about it which is unwarranted.
“Everybody is stupid as everybody else. Everybody is capable of the same mistakes and the same sins as everybody else.”
Asked if he could see a return to showbiz for Spacey, Cox replied: “I would think so eventually, but it’s very tough for him.
“He was tricky, but he has learnt a big lesson. He should be allowed to go on because he is a very fine actor. I just think we should be forgiving.”
He concluded: “What is the joy you get out of kicking somebody in the balls when they are down? That is what I cannot stand.”
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