A Manhattan judge sentenced former Hollywood producer and convicted sex offender Harvey Weinstein to 23 years in prison. His 20-year sentence for a criminal sexual act, the more serious of the two counts he was convicted of last month, is on the higher end of New York state’s guidelines. For the other count, rape in the third degree, Weinstein was sentenced to three years in prison.
After his sentencing, Weinstein was taken under armed guard and bussed from the Manhattan courthouse to the Rikers Island jail. He was later transferred to Manhattan’s Bellevue Hospital after complaining of chest pains.
Weinstein was found guilty last month of raping then-aspiring actress Jessica Mann in a hotel room in 2013 and of sexually assaulting production assistant Mimi Haley at his apartment in 2006. Meanwhile, prosecutors in Los Angeles are working to extradite Weinstein to face further charges of rape and sexual assault in California.
In a rambling statement during his sentencing hearing, Weinstein expressed remorse, defended his relationships with the women who testified against him, said he was “confused,” bragged about the charity money he raised after 9/11 and Superstorm Sandy, lamented that his children won’t speak to him and fretted about the future of the American legal system.
His statement was unexpected and, perhaps, unwise. In general, defendants like Weinstein, who plans to appeal his guilty verdict and faces other rape and sexual assault charges in Los Angeles, are advised not to speak because what they say can be used against them, according to Michelle Simpson Tuegel, an attorney who has worked in criminal defense.
Manhattan District Attorney Cyrus Vance Jr. said in a statement “We thank the survivors for their remarkable statements today and indescribable courage over the last two years. Harvey Weinstein deployed nothing less than an army of spies to keep them silent,” he added. “But they refused to be silent, and they were heard. Their words took down a predator and put him behind bars and gave hope to survivors of sexual violence all across the world.”
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The trial of Harvey Weinstein is underway in New York and the courtroom will continue to hear testimony from his accusers. Weinstein faces life in prison on the New York charges and up to 28 years in a separate criminal case in Los Angeles County. Over 100 women have accused Weinstein of rape, sexual assault, sexual harassment and professional retaliation.
Actress Annabella Sciorra told a packed courtroom that the disgraced Hollywood mogul Harvey Weinstein barged into her New York City apartment one night in the early 1990s, where he held her down and raped her. She testified that he entered her residence, chased her around and pinned her to the bed during the alleged attack. She said she tried to run to the bathroom, but “he kept coming at me. I felt overpowered because he was very big,” Sciorra told jurors.
She said that she confronted Weinstein about the incident at a dinner in New York weeks after. She described his response as very menacing “That’s what all the nice Catholic girls say.” He then leaned into her and said “this remains between you and I.” She described the exchange “It was threatening, and I was afraid,” she said. She testified that the experience left her so scarred that she fell into a deep depression, started cutting herself and began drinking heavily. It was the first time one of Weinstein’s accusers has confronted him directly in court since his arrest in May of 2018 on charges of rape and criminal sexual acts.
The courtroom also heard the testimony of Mimi Haleyi, a former production assistant who has accused Harvey Weinstein of sexual assault. Haleyi, who met Weinstein in 2004 and then had a series of dealings with him in 2006 before, during and after a stint as a production assistant on Project Runway, accuses Weinstein of sexually assaulting her on two separate occasions. Haleyi said she accepted an invitation from Weinstein to fly her out to California for the premiere of “Clerks 2” in July 2006 as her friend was expecting a baby in Los Angeles.
She testified that a driver escorted her to his apartment where they were “having normal conversation,” and then he suddenly “lunged at me, trying to kiss me,” she claimed. She said he backed her into a bedroom, where she fell onto a bed and he pushed her down. She said she told him “no,” that she didn’t “want this to happen,” and that she was on her period, all in attempts to “make him stop.” After deciding no one would hear her scream and that she couldn’t sprint for the elevator or get out of the apartment in any way, she said, she “checked out.”
Four more of Weinstein’s accusers are expected to testify during the trial, though the statute of limitations has expired for all but two of their claims. The remaining four will testify about their encounters with him to show a pattern of abuse. Mr. Weinstein is accused of five felony counts, including rape and predatory sexual assault. Weinstein has maintained that the encounters were consensual. The women, he said, engaged in transactional relationships meant to advance their own careers.
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Disgraced Hollywood mogul Harvey Weinstein and the board of his now-bankrupt company have reached a tentative $25 million settlement with the dozens of women who have accused him of rape, sexual assault and sexual harassment. The deal would not require Weinstein to admit any wrongdoing, nor would Weinstein have to pay any of his own money to the dozens of actresses and female employees who have accused him of serial rape and sexual harassment.
The women who have brought civil suits against him would instead split a pool of money paid by insurance companies representing The Weinstein Company, which filed for bankruptcy in 2018, as a result of the scandal. Eighteen of Weinstein’s accusers would reportedly share $6.2 million, with none of the women receiving more than $500,000. Another $18.5 million would be split between accusers who are part of a class action lawsuit against Weinstein, the New York attorney general’s case, and future claimants.
The deal is far from complete since an official agreement must be drawn up and approved by a judge in federal court in Delaware, which is handling The Weinstein Company bankruptcy proceedings, and a judge in federal court in New York. Several accusers refused to go along with the agreement and could challenge it in court. Rebecca Goldman, Chief Operating Officer of the Time’s Up Foundation, said in a statement “This settlement is more than a math problem – it’s a symptom of a problematic, broken system that privileges powerful abusers at the expense of survivors. While this settlement is flawed, we know it represents the hard work of several survivors of Harvey Weinstein. We hope it brings them, and perhaps others, some small measure of justice and relief that is long overdue.”
Accusers who are not part of the settlement can still bring suits against him, including actress Ashley Judd. In January, a judge dismissed Judd’s sexual harassment claim against Weinstein, but stated she could continue with her defamation case against the disgraced producer. Weinstein is also facing criminal sexual assault charges in New York and is scheduled to go on trial for rape in Manhattan Supreme Court on January 6th. He has been charged with five counts of predatory sexual assault, criminal sex act and rape. He faces life in prison if convicted. Weinstein was accused of forcibly performing oral sex on a woman in 2006 and raping another woman in 2013. A judge recently increased Weinstein’s bail from $1 million to $5 million following allegations he had tampered with his electronic ankle monitor.
The disgraced Hollywood producer, who has been accused of sexual assault and harassment by more than 80 women, complained in an interview that the allegations have made him “a forgotten man.” While recovering from spinal surgery at New York-Presbyterian/Weill Cornell Medical Center, Weinstein said “My work has been forgotten.”
Shortly after the interview was made public, the “Silence Breakers,” including actresses Rose McGowan, Ashley Judd and Rosanna Arquette, posted their response to the official Time’s Up Twitter account. The statement said “Harvey Weinstein is trying to gaslight society again. He says in a new interview he doesn’t want to be forgotten. Well, he won’t be. He will be remembered as a sexual predator and an unrepentant abuser who took everything and deserves nothing. He will be remembered by the collective will of countless women who stood up and said enough. We refuse to let this predator rewrite his legacy of abuse.”
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