The former Hollywood power broker, Harvey Weinstein, is indeed back in court. His retrial on charges of rape and sexual assault officially began Monday. The new trial comes after an appeals court agreed to wipe away his historic 2020 conviction. Five years after the first trial, this case will be retried.
Weinstein’s current charges stem from accusations of raping one woman and forcing two others to perform oral sex on him. He was booked on a criminal charge of a sex act. In 2006, he accusedly made Miriam Haley, a film & TV production assistant, give him oral sex. He is now facing charges of third-degree rape. This indictment is the result of an asserted sexual assault against Jessica Mann, an actress in training, in a Manhattan hotel room in 2013. The retrial features a new additional charge from a woman not in the original case.
Former prosecutor, Shannon Lucey, stressed the seriousness of Weinstein’s conduct. She said that he used “dream opportunities” to lure his three accusers. The jury for this latest retrial consists of seven women and five men. This unique and varied panel will hear both fresh testimonies as well as familiar ones from returning witnesses.
The retrial occurs in a very different cultural moment from the first. The first trial took place during the peak of the #MeToo movement. Now the broader changing social landscape makes each day even heavier. The plaintiffs and their advocates view this as a landmark moment in the ongoing battle for accountability in sexual abuse cases.
“This is a pivotal moment in the fight for accountability in sex abuse cases.” – Lindsay Goldbrum
Despite the overwhelming evidence against him, Weinstein continues to claim he is innocent. He has not only pleaded not guilty to all counts of the charges, but maintains that rape and sexual assault allegations against him are false. His legal team has been vocal about the prejudicial atmosphere surrounding the retrial. They have called it “carnival-like” surrounding the Manhattan courthouse where the trial is occurring.
Two accusers from Weinstein’s first trial are going back for the retrial. Their presence would help produce a more unifying narrative arc, but more importantly inject new, vibrant, complex dynamics in the courtroom. The results of that initial trial were acquittals on two major charges for Weinstein—predatory sexual assault and first-degree rape. Those rulings are still in effect as this new case proceeds.
Lindsay Goldbrum expressed hope regarding the current proceedings, stating that it could signal to other survivors that the system is catching up and that it is worth speaking out even when the odds appear insurmountable.
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