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Ms Singas added: “The majority’s determination perpetuates outdated notions of sexual violence and allows predators to escape accountability.”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.
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It was an era that began in 2017 with a flood of allegations against the film producer dating back to the 1970s.
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.”
Image: Weinstein will remain in prison with a separate LA conviction still standing. Pic: Reuters
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1:53
Weinstein sentenced to 23 years in 2020
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.
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Ashley Judd: ‘This is an act of institutional betrayal’
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.
Image: The #MeToo movement led to other victims speaking out. Pic: Reuters
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.
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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.
Although close to Russia geographically – less than three miles away at the narrowest point – it’s a very long way from neutral ground.
The expectation was they would meet somewhere in the middle. Saudi Arabia perhaps, or the United Arab Emirates. But no, Vladimir Putin will be travelling to Donald Trump’s backyard.
It’ll be the first time the Russian president has visited the US since September 2015, when he spoke at the UN General Assembly. Barack Obama was in the White House. How times have changed a decade on.
The US is not a member of the International Criminal Court, so there’s no threat of arrest for Vladimir Putin.
But to allow his visit to happen, the US Treasury Department will presumably have to lift sanctions on the Kremlin leader, as it did when his investment envoy Kirill Dmitriev flew to Washington in April.
And I think that points to one reason why Putin would agree to a summit in Alaska.
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Instead of imposing sanctions on Russia, as Trump had threatened in recent days, the US would be removing one. Even if only temporary, it would be hugely symbolic and a massive victory for Moscow.
The American leader might think he owns the optics – the peace-making president ordering a belligerent aggressor to travel to his home turf – but the visuals more than work for Putin too.
Shunned by the West since his invasion, this would signal an emphatic end to his international isolation.
Donald Trump has said a ceasefire deal is close. The details are still unclear but there are reports it could involve Ukraine surrendering territory, something Volodymyr Zelenskyy has always adamantly opposed.
Either way, Putin will have what he wants – the chance to carve up his neighbour without Kyiv being at the table.
And that’s another reason why Putin would agree to a summit, regardless of location. Because it represents a real possibility of achieving his goals.
It’s not just about territory for Russia. It also wants permanent neutrality for Ukraine and limits to its armed forces – part of a geopolitical strategy to prevent NATO expansion.
In recent months, despite building US pressure, Moscow has shown no intention of stopping the war until those demands are met.
It may be that Vladimir Putin thinks a summit with Donald Trump offers the best chance of securing them.
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The UK and four allies have criticised Israel’s decision to launch a new large-scale military operation in Gaza – warning it will “aggravate the catastrophic humanitarian situation” in the territory.
The foreign ministers of Britain, Australia, Germany, Italy and New Zealand said in a joint statement that the offensive will “endanger the lives of hostages” and “risk violating international humanitarian law”.
It marks another escalation in the war in Gaza, sparked by the Hamas attack of 7 October 2023.
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2:20
Can Netanyahu defeat Hamas ideology?
In their joint statement, the UK and its allies said they “strongly reject” the decision, adding: “It will endanger the lives of the hostages and further risk the mass displacement of civilians.
“The plans that the government of Israel has announced risk violating international humanitarian law. Any attempts at annexation or of settlement extension violate international law.”
The countries also called for a permanent ceasefire as “the worst-case scenario of famine is unfolding in Gaza”.
In a post on X, the Israeli prime minister’s office added: “Instead of supporting Israel’s just war against Hamas, which carried out the most horrific attack against the Jewish people since the Holocaust, Germany is rewarding Hamas terrorism by embargoing arms to Israel.”
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2:33
Inside plane dropping aid over Gaza
US ambassador hits out at Starmer
Earlier on Friday, the US Ambassador to Israel, Mike Huckabee, criticised Sir Keir Starmer after he said Israel’s decision to “escalate its offensive” in Gaza is “wrong”.
Mr Huckabee wrote on X: “So Israel is expected to surrender to Hamas & feed them even though Israeli hostages are being starved? Did UK surrender to Nazis and drop food to them? Ever heard of Dresden, PM Starmer? That wasn’t food you dropped. If you had been PM then UK would be speaking German!”
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In another post around an hour later Mr Huckabee wrote: “How much food has Starmer and the UK sent to Gaza?
“@IsraeliPM has already sent 2 MILLION TONS into Gaza & none of it even getting to hostages.”
Sir Keir has pledged to recognise a Palestinian state in September unless the Israeli government meets a series of conditions towards ending the war in Gaza.
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1:22
Lammy-Vance bromance: Will it last?
Mr Vance described a “disagreement” about how the US and UK could achieve their “common objectives” in the Middle East, and said the Trump administration had “no plans to recognise a Palestinian state”.
He said: “I don’t know what it would mean to really recognise a Palestinian state given the lack of functional government there.”
Mr Vance added: “There’s a lot of common objectives here. There is some, I think, disagreement about how exactly to accomplish those common objectives, but look, it’s a tough situation.”
The UN Security Council will meet on Saturday to discuss the situation in the Middle East.
Ambassador Riyad Mansour, permanent observer of the State of Palestine to the United Nations, said earlier on Friday that a number of countries would be requesting a meeting of the UN Security Council on Israel’s plans.