Harvey Weinstein‘s accusers slammed the decision to overturn his New York rape conviction, saying it’s “profoundly unjust” and a “major step back.”
The New York Court of Appeals overturned Weinstein’s 2020 rape conviction on Thursday in a 4-3 decision, ruling that the trial showed prejudice to him by allowing women to testify about allegations that were not part of the case. Weinstein will now face a new trial.
“The news today is not only disheartening, but it’s profoundly unjust,” said the Silence Breakers, a group of Weinstein survivors, in a statement. “But this ruling does not diminish the validity of our experiences or our truth; it’s merely a setback. The man found guilty continues to serve time in a California prison. When survivors everywhere broke their silence in 2017, the world changed. We continue to stand strong and advocate for that change. We will continue to fight for justice for survivors everywhere.”
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Weinstein, a former Oscar-winning movie producer, has been serving his 23-year sentence at the Mohawk Correctional Facility in Rome, N.Y. He will remain there because he was also convicted of rape in a 2022 trial in Los Angeles and sentenced to 16 years, but he was acquitted on charges that involved a woman who testified in the New York case.
“It sometimes seems as if the legal system operates in a parallel universe,” accuser Louise Gobold told PvNew. “Everyone knows Harvey is a sexual predator and that he harmed countless women. And yet, today his conviction in NY was overturned. People are reassuring us this morning that he still has his Los Angeles conviction to serve, but that doesn’t prevent me from shaking with shock and outrage.”
Godbold previously accused Weinstein of sexually assaulting her in the 1990s. She did not testify in the New York trial, but visited on two occasions to support the survivors who were testifying. “My thoughts are with them today,” she added.
An attorney for Evgeniya Chernyshova, the Jane Doe #1 who was the first witness called in Weinstein’s Los Angeles trial, said she is “confident” that her trial’s conviction will stand.
“Evgeniya Chernyshova is obviously disappointed that the criminal convictions against Weinstein were overturned in the New York case,” said her attorney David Ring.“She feels badly for those victims who endured that trial and the subsequent appeals, only to see the convictions reversed. However, both she and I are confident that Weinstein’s Los Angeles conviction for rape will be upheld. As the only victim who has now obtained a criminal conviction against Weinstein, she will continue to stand tall and do whatever necessary to obtain justice not only for herself but for all victims.”
“Today’s decision is a major step back in holding those accountable for acts of sexual violence,” said attorney Douglas Wigdor, who represented two of the Molineux witnesses who were called to show that Weinstein’s assaults had a common pattern. “Courts routinely admit evidence of other uncharged acts where they assist juries in understanding issues concerning the intent, modus operandi or scheme of the defendant. The jury was instructed on the relevance of this testimony and overturning the verdict is tragic in that it will require the victims to endure yet another trial.”
In the New York case, Weinstein was convicted of sexually assaulting Miriam Haley, a former production assistant on “Project Runway,” at his apartment in 2006. He was also convicted of raping Jessica Mann at a hotel in 2013.
“This ruling is a leap backward for the rule of law,” said Lindsay Goldbrum, who represented six Weinstein accusers. “In New York, Molineux witnesses play a critical role in establishing a defendant’s common scheme or plan to commit alleged crimes. When a defendant is accused of being a sexual predator, especially one as powerful as Weinstein, the testimony of Molineux witnesses is crucial to disproving the defense that sexual encounters were consensual. The three brave women who testified as Molineux witnesses had nothing to gain personally from participating in the trial. Their only goal was to give a voice to dozens of other women who suffered so much. Today’s ruling unfortunately casts a dark shadow on their bravery and will undoubtedly deter future sexual assault victims from coming forward. To all victims of sexual assault who are retraumatized by today’s ruling, I am so sorry.”
Weinstein’s attorney Arthur Aidala had appealed the decision previously, which a lower court had denied in 2022, but New York’s highest court agreed to hear the case. At an oral argument in February, Aidala claimed that Justice James Burke had been prejudiced against Weinstein by allowing three women — known as Molineux witnesses — to testify about his character and pattern of behavior. Aidala said that the testimonies attacked Weinstein’s character and painted him as a “bad guy,” without shedding light on the allegations with which he was charged. The same testimony about “prior bad acts” was used in Bill Cosby’s successful appeal of his sexual assault conviction in 2021.
“We will do everything in our power to retry this case,” the Manhattan District Attorney’s Office said in a statement, “and remain steadfast in our commitment to survivors of sexual assault.”
Additional reporting by Gene Maddaus and Tatiana Siegel.
