Former film producer and convicted rapist Harvey Weinstein’s retrial on sexual assault and rape charges begins in New York on Wednesday (local time).
It comes after he successfully appealed a 2020 conviction on the grounds that one witness should not have been allowed to give evidence.
Weinstein is already serving a 1v6 year sentence for a separate conviction of rape and sexual assault committed in Los Angeles. He maintains his innocence.
2020 conviction
Weinstein was convicted in 2020 of historical rape and sexual assault charges in New York.
The charges related to allegations made by three female actors.
He was accused of demanding sexual favours in exchange for helping the actors advance their careers.
This is something the prosecution described as “common behaviour and a well-known secret throughout the film industry”.
Weinstein was also said to have abused his power and influence to force unwanted sexual encounters.
He was sentenced to 23 years in prison.
2022 conviction
In 2022, Weinstein was sentenced to a further 16 years in prison after being found guilty on three counts of rape and sexual assault in Los Angeles.
Weinstein was to begin serving his 16-year sentence after the conclusion of his 23-year New York prison term.
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He is currently challenging these convictions.
Appeal
In early 2024, the New York Court of Appeals found “egregious errors” in the process that led to Weinstein’s 2020 conviction.
This largely related to allowing the court to hear testimony from women who claimed that Weinstein assaulted them, even though they were not part of the charges he faced.
These witnesses detailed alleged sexual assaults committed by Weinstein, to demonstrate a pattern of behaviour by him.
However, the court found that Weinstein wasn’t judged on the conduct for which he was charged, but rather “irrelevant, prejudicial, and untested allegations of prior bad acts”.
The panel of judges voted 4-3 in favour of upholding the appeal.
They called it an “abuse of judicial discretion” to allow “untested allegations” in court.
What's next
Weinstein’s trial will focus on the same sexual assault and rape charges brought against him in 2020, but also include an additional count of sexual assault brought by an unnamed female complainant last year.
The trial is expected to last up to six weeks.
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