Harvey Weinstein’s 2020 rape conviction overturned by New York appeals court

Published

4 weeks ago

April 25, 2024

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Harvey Weinstein’s 2020 conviction for rape has been overturned, with a New York court ordering a new trial in the landmark “MeToo” case.

The state’s highest court found the judge at the trial prejudiced the ex-movie mogul with “egregious” improper rulings, including a decision to let women testify about allegations that were not part of the case.

In a 4-3 decision, it was decided Weinstein had not received a fair trial, with the court’s majority saying it was “an abuse of judicial discretion to permit untested allegations of nothing more than bad behaviour”.

One of the judges who voted against the decision, Judge Madeline Singas, said the majority was “whitewashing the facts to conform to a he-said/she-said narrative”.

She said the Court of Appeals was continuing a “disturbing trend of overturning juries’ guilty verdicts in cases involving sexual violence”.

Ms Singas added: “The majority’s determination perpetuates outdated notions of sexual violence and allows predators to escape accountability.”

The ruling by the Court of Appeals will mean a painful chapter in reckoning with sexual misconduct by powerful figures looks likely to be reopened.

It was an era that began in 2017 with a flood of allegations against the film producer dating back to the 1970s.

Weinstein‘s accusers could again be forced to relive their traumas on the witness stand.

The 72-year-old has been serving a 23-year sentence in a New York prison after being accused of sexually assaulting ex-production assistant Mimi Haleyi in 2006 and raping former aspiring actress Jessica Mann in 2013 following the landmark 2020 trial.

However, he will remain behind bars as he was also sentenced last year in Los Angeles to 16 years in prison for raping and sexually assaulting an actress in a Beverly Hills Hotel.

The Los Angeles conviction is not affected by Thursday’s decision in New York.

Manhattan district attorney Alvin Bragg – who is already involved in a hush money trial against former president Donald Trump – will now decide whether Weinstein will receive a retrial.

A spokesperson for Mr Bragg said in an email: “We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault.”

Douglas Wigdor, a lawyer who represented eight of Weinstein’s accusers said Thursday’s decision was a “major step back in holding those accountable for acts of sexual violence”, adding: “It will require the victims to endure yet another trial.”

Arthur Aidala, a lawyer for Weinstein, said the decision was a victory for the defendant and any American charged with a crime, “no matter how popular or unpopular they are”.

Actress Ashley Judd, one of the first women to publicly accuse Harvey Weinstein of sexual misconduct, condemned the decision as an “act of institutional betrayal” to survivors of male sexual violence.

Speaking at a press conference in New York, Judd said she was trying to get the UN involved as she advocates for Convention 190 which concerns the elimination of all forms of harassment and violence in the world of work.

Once considered the most powerful man in Hollywood, Weinstein was accused by dozens of women claiming he bullied, pressured, coerced, or overpowered them while demanding sexual favours.

Gwyneth Paltrow, Salma Hayek, and Lupita Nyong’o were some who accused Weinstein of sexual harassment, while actresses Asia Argento and Rose McGowan were among others who accused him of raping them.

He was also accused of reaching settlements to keep the stories quiet.

Weinstein had admitted his behaviour had “caused a lot of pain”, but has maintained his innocence throughout, saying any sexual activity was consensual.

The glut of allegations sparked #MeToo, a movement where alleged victims of sexual assault increasingly publicised their experiences, and many came forward against high-profile figures, especially in the entertainment industry.

Some states, including New York, California and New Jersey, responded to the campaign by passing laws that let women bring civil lawsuits seeking damages for sexual misconduct that occurred many years earlier even if the time limit had already passed.

But the stunning reversal of Weinstein’s conviction is the movement’s second major setback in the past two years after the US Supreme Court refused to hear prosecutors’ pleas to undo Bill Cosby’s 2018 sexual assault conviction that was overturned in 2021.

Weinstein co-founded the entertainment company Miramax in 1979 whose hit movies included Pulp Fiction, Flirting With Disaster and Shakespeare In Love.

He was ousted from his now-defunct firm, The Weinstein Company, in 2017 after the New York Times reported nearly 30 years of rape and sexual harassment allegations against him.

World

International Court of Justice orders Israel to halt Rafah offensive

Published

4 hours ago

May 24, 2024

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International Court of Justice orders Israel to halt Rafah offensive

The International Court of Justice (ICJ) has ordered Israel to stop its military offensive in the southern Gaza city of Rafah.

The top United Nations court said the humanitarian situation in Rafah had “deteriorated further” since its previous court order for Israel to improve it, adding that what was happening in the besieged Palestinian territory was “disastrous”.

It comes after South Africa put in an emergency request to the ICJ for it to order Israel to stop its Rafah assault.

The ICJ president Nawaf Salam said in The Hague: “The state of Israel shall… immediately halt its military offensive, and any other action in the Rafah governorate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part.”

The court also ordered Israel to open the Rafah crossing between Egypt and Gaza to allow in humanitarian aid, and said Israel must provide access to the territory for investigators and report back on its progress within a month.

The order was handed down a week after it was requested by South Africa, which in January formally accused Israel of committing genocide against Palestinians in a hearing at the UN court.

Israel, which claims that its military operations in Gaza are in self-defence and targeted at Hamas fighters, has vehemently denied the accusations.

Israel launched its assault on Rafah this month, forcing hundreds of thousands of Palestinians to flee a city that had become a refuge to around half of the population’s 2.3 million people.

The ICJ is the highest UN body for hearing disputes between states, and its rulings are final and binding but have been ignored in the past.

No enforcement powers

The court has no enforcement powers and Israel is unlikely to comply with the latest ICJ order, which was adopted by a panel of 15 judges from around the world in a 13-2 vote, opposed only by judges from Uganda and Israel.

In response to the judgment, Israeli finance minister Bezalel Smotrich said: “Those who demand that the State of Israel stop the war, demand that it decree itself to cease to exist. We will not agree to that. If we lay down our weapons, the enemy will reach the beds of our children and women throughout the country.”

South Africa has welcomed the latest ruling, with Zane Dangor, director general of the Department of International Relations and Cooperation, saying the order was “ground-breaking as it is the first time that explicit mention is made for Israel to halt its military action in any area of Gaza”.

Hamas also welcomed the ruling but said it was insufficient, with senior official Basem Naim saying “we believe it is not enough since the occupation aggression across the Gaza Strip and especially in northern Gaza is just as brutal and dangerous”.

“We call upon the UN Security Council to immediately implement this demand by the World Court into practical measures to compel the Zionist enemy to implement the decision.”

Israel says it has no choice but to attack Rafah to root out the last battalions of Hamas fighters it thinks are hiding there.

The Israeli prime minister Benjamin Netanyahu has vowed to both eliminate Hamas and get all the hostages back who were taken in the October 7th attacks.

“Hamas is in Rafah, Hamas has been holding our hostages in Rafah, which is why our forces are manoeuvering in Rafah. We’re doing this in a targeted and precise way,” Israeli chief military spokesperson Rear Admiral Daniel Hagari said on Thursday.

But the US – Israel’s most powerful ally – has threatened to scale back its support over the deteriorating humanitarian situation in Gaza.

What were the earlier ICJ rulings?

In a previous ruling in January, the court ordered Israel to prevent any acts of genocide against the Palestinians, while stopping short of ordering a halt to the military offensive.

And in a second order in March, the court said Israel must take measures to improve the humanitarian situation.

Also in January, the ICJ called on Hamas to release hostages it captured on October 7th.

The chief prosecutor of the International Criminal Court – a separate court also based in The Hague – announced on Monday he had filed an application for arrest warrants against Mr Netanyahu and defence minister Yoav Gallant, as well as leaders of Hamas.

Prosecutor Karim Khan accused Mr Netanyahu and Mr Gallant of crimes including extermination, using hunger as a weapon and deliberately attacking civilians. Israel strongly denied the charges.

The Israelis said Hamas killed 1,200 people and took more than 250 hostages in the October 7 raid on southern Israel.

Since then, Israel’s incursion has killed more than 35,000 people, according to the Hamas-run health ministry in Gaza.

World

China launches mock missile strikes on Taiwan to ‘punish’ new president

Published

8 hours ago

May 24, 2024

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China launches mock missile strikes on Taiwan to 'punish' new president

China has tested its ability to “seize power” by launching mock missile strikes on Taiwan and pretending to bomb foreign assets.

The two-day tests were staged to punish Taiwan’s new president, Lai Ching-te, who China has previously denounced as being a “dangerous separatist”.

China dispatched fighter jets carrying live missiles along with bombers on Friday, state broadcaster CCTV said.

The bombers set up several attack formations in waters east of Taiwan – which China views as its own territory. Mock attacks were carried out in coordination with naval vessels, CCTV added.

A sign of bigger things to come?

It’s just days after Taiwan President Lai Ching-te was sworn into office in Taipei and China is making a big statement – with these so-called “punishment” drills.

The island’s new leader is loathed by Beijing even more than his predecessor, describing Mr Lai as a “dangerous separatist”.

Beijing took great offence at President Lai using the word China to describe China. It believes that revealed his real thinking – that they’re two separate countries.

Now Beijing has carried out numerous blockades before of course, but this time it is casting it as a dress rehearsal for an “invasion”, focused on encircling the island and simulating a full-scale attack.

It says it wants to test its ability to “seize” control over Taiwan. It’s more than simply rhetorical bluster.

It’s an important inflection point and a significant test for Taiwan’s ruling party, which has championed democracy in the face of growing threats from its authoritarian neighbour.

The drills are taking place in the Taiwan Strait, which separates the self-ruling island from mainland China.

They’re not only in the north, south and east of Taiwan, but also the outlying islands of Kinmen, Dongyin, Wuqiu and Matsu.

That expansion, coupled with China’s more muscular language has prompted analysts to warn it could be a sign of bigger things to come.

The name “Joint Sword 2024-A” at the very least suggests more may be afoot.

And there’s global optics and dynamics at play. The recent meeting with Putin was a reminder Xi Jinping wants to create a new world order, away from the US and Taiwan has always been in its sights.

But – and it’s a big but – China is facing a huge economic challenge at home and any war would not only be expensive but experts say, would also take many months to prepare for.

These drills currently look like a warning shot. The real “punishment” may be yet to come.

President Lai has attracted the ire of Beijing over pro-independence comments made earlier in his career.

While the president has since been more cautious about repeating similar remarks, his claim about China having to “face up to the fact that the Republic of Taiwan exists” during his inauguration speech earlier this week was enough to anger Beijing.

‘Seize power’

The Eastern Theatre Command of the People’s Liberation Army said the exercises, dubbed “Joint Sword – 2024A”, were to “test the ability to jointly seize power, launch joint attacks and occupy key areas”.

“This action is completely reasonable, legal, and necessary to combat the arrogance of ‘Taiwan independence’ and deter the interference and intervention of external forces,” said Wu Qian, a spokesperson of China’s defence ministry.

Taiwan’s armed forces have mobilised to monitor and shadow Chinese forces, with the island’s defence ministry on Friday publishing pictures of F-16s, armed with live missiles, patrolling the skies.

A senior Taiwan security official told Reuters several Chinese bombers conducted mock attacks on foreign vessels near the eastern end of the Bashi Channel, which separates Taiwan from the Philippines, practicing how to seize “total control” of areas west of the so-called first island chain.

The first island chain refers to the area that runs from Japan through Taiwan, the Philippines and on to Borneo, enclosing China’s coastal seas.

The official, who spoke on condition of anonymity due to the sensitivity of the topic, said several Chinese coastguard boats also conducted “harassment” drills off Taiwan’s east coast, including mock inspections of civilian ships.

The US Navy 7th Fleet said it was paying attention to “all of the activities” in the Indo-Pacific and takes “very seriously” the responsibility to deter aggression in the region.

‘No concessions’

While the US formally recognises Beijing, it is bound by law to provide Taiwan with the means to defend itself and is the island’s most important international backer.

Speaking in Taipei, Taiwan foreign minister Lin Chia-lung said the island would not succumb to pressure.

“We will not make any concessions because of this Chinese military exercise, because it concerns the development of
democracy in Taiwan,” he said.

World

Brother of Israeli soldier taken hostage by Hamas says last seven months have been ‘a nightmare’

Published

8 hours ago

May 24, 2024

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Brother of Israeli soldier taken hostage by Hamas says last seven months have been 'a nightmare'

The brother of an Israeli soldier taken hostage on 7 October – whose frightening capture was recorded for a video released this week – said the last seven months have been “a nightmare for my family”.

Amit Levy, the brother of 19-year-old Naama, told Sky’s The World With Yalda Hakim that the dialogue in the video “makes [his] stomach hurt”.

Ms Levy was one of five female soldiers who were taken by Hamas from their base on the morning of 7 October.

The women worked at the Nahal Oz observation base, monitoring activity on the Gaza border.

At the start of the video, some appear bloodied and injured with all five having their hands tied behind their backs.

In a later part of the video, the female soldiers are hurried out of the building – one is limping and another is carried out.

Their families released the video, which has been edited in places, on Thursday to put pressure on the Israeli government.

Mr Levy said: “Many of the [hostages] can still be saved. That’s why we released this video because the world may have forgotten a little bit.”

He said their parents did not watch the video for several weeks “because it was too hard”.

The family has also not received any proof of life since November when released hostages said Ms Levy was in a condition “which wasn’t the best”.

Her brother said: “We are trying to stay optimistic, I believe with all of my heart that she’s still alive, that she can still be saved. We’re optimistic about her being alive.”