A state appeals court has upheld Harvey Weinstein\u2019s rape conviction in California while ordering him to be resentenced.<\/p>\n
Weinstein is currently serving a 16-year sentence for his California conviction, the higher end of the maximum term because of his prior guilty verdict in New York. A three-judge panel of California\u2019s 2nd District Court of Appeal found on Friday that the sentence should be revisited after that conviction was overturned.<\/p>\n
More from The Hollywood Reporter<\/strong><\/p>\n \u201cThe sentence is vacated and the matter is remanded for resentencing,\u201d noted the docket. \u201cIn all other respects, the judgment is affirmed.\u201d<\/p>\n In a statement, a spokesperson for Weinstein said the former film producer will appeal to the California Supreme Court and that his lawyers \u201cremain confident that significant legal issues deserve further consideration.\u201d He added, \u201cWhile the court affirmed the convictions, it also recognized that Mr. Weinstein is entitled to a new sentencing hearing.\u201d<\/p>\n The order was issued the same day that a New York state court judge dismissed a third-degree rape charge against Weinstein after Manhattan prosecutors said they wouldn\u2019t pursue a fourth trial<\/a>. He awaits sentencing for a conviction on a single court of criminal sexual act against former Project Runway assistant Miriam Haley. Prosecutors said they\u2019ll move for a 20-year prison term.<\/p>\n Since 2020, Weinstein has faced four trials in two states. Two juries in New York have deadlocked on a charge related to whether he raped Jessica Mann, who elected not to proceed testifying in a fourth trial, in a hotel room in 2013.<\/p>\n \u201cIt is clear, when a convicted rapist is awarded privileges to continue to shield a jury from past settlements, nondisclosure agreements, prior convictions, or other abuse, there is no true justice for a victim of sexual assault when that rapist is a predator,\u201d she said in a statement.<\/p>\n In 2024, the New York\u2019s highest court overturned Weinstein\u2019s 2020 rape conviction after finding that the judge who oversaw the trial \u201cerroneously admitted testimony of uncharged, alleged prior sexual acts\u201d in what amounted to an \u201cabuse of judicial discretion.\u201d<\/p>\n Unlike in New York, courts in California are allowed to introduce evidence<\/a> that demonstrate a defendant\u2019s propensity to commit sex crimes, even when the allegations haven\u2019t led to formal charges. Such evidence is only allowed in New York courts when it\u2019s necessary to provide history on a defendant\u2019s motive, intent or common scheme to carry out the alleged crimes.<\/p>\n Best of The Hollywood Reporter<\/strong><\/p>\n Sign up for THR’s Newsletter<\/a>. For the latest news, follow us on Facebook<\/a>, Twitter<\/a>, and Instagram<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"A state appeals court has upheld Harvey Weinstein\u2019s rape conviction in California while ordering him to be resentenced.…\n","protected":false},"author":3,"featured_media":896044,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_share_on_mastodon":"0"},"categories":[9],"tags":[276,223135,171,7494,405,363076,67,132,68],"class_list":["post-896043","post","type-post","status-publish","format-standard","has-post-thumbnail","category-entertainment","tag-california","tag-california-supreme-court","tag-entertainment","tag-harvey-weinstein","tag-new-york","tag-state-appeals-court","tag-united-states","tag-unitedstates","tag-us"],"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@us\/116821131698358377","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/896043","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/comments?post=896043"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/896043\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media\/896044"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media?parent=896043"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/categories?post=896043"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/tags?post=896043"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}