Rape trial: Harvey Weinstein may go to prison for 29 yrs in landmark #MeToo case

Both victims are expected to be in court to give impact statements before Weinstein is sentenced.

Reuters
Harvey Weinstein's lawyers are seeking the minimum sentence of five years in prison because of his age and frail health.
NEW YORK: The final act of Harvey Weinstein's rape trial in New York begins Wednesday, when the once-powerful film producer will be sentenced following his landmark #MeToo conviction.

Weinstein is scheduled to be sentenced Wednesday in New York City. He faces up to 29 years behind bars for raping an aspiring actress in 2013 and forcibly performing oral sex on a TV and film production assistant in 2006. A second criminal case is pending in California.

Both women that Weinstein was convicted of assaulting are expected to be in court to give victim impact statements before he is sentenced. Weinstein will also have a chance to speak. He opted not to testify at his trial, but at sentencing he won't have to worry about getting grilled by prosecutors.


Other women who've accused Weinstein - including some who testified at his trial - are not permitted to speak at his sentencing under state law. One of those witnesses, Tarale Wulff, who accused Weinstein of raping her in 2005, said in a statement Tuesday that she will still attend and hopes that the sentence "sends a clear message that times have changed."

Weinstein was convicted on two counts: criminal sex act for the 2006 assault on the production assistant and rape in the third degree for a 2013 attack on another woman. On the criminal sex act count, he faced a minimum of five years in prison and a maximum of 25 years in prison, while the third-degree rape count carries a maximum penalty of four years in prison.

Weinstein was acquitted of first-degree rape and two counts of predatory sexual assault stemming from actress Annabella Sciorra's allegations of a mid-1990s rape. Weinstein maintains his innocence and contends that any sexual activity was consensual.
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From Harvey Weinstein To Bill Cosby's Trials & Convictions: #TimesUp Sends Clear Message
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It all started with Harvey Weinstein in 2017 and four months in to 2018 and now with Bill Cosby's conviction, things are certainly looking up for the #MeToo movement. The number of cases of sexual harassment in Hollywood that have come to light since 2017 has been outstanding. It could also be called the 'Weinstein Effect'. Many of the women who spoke out against Weinstein -- Gwyneth Paltrow, Ashley Judd, Rose McGowan -- are famous names.

2018 has been no different and in a breakthrough trial, after decades of whispers, lawsuits, investigations and close calls - and a multitude of women who lost hope anyone would ever believe their word against that of America's Dad - Bill Cosby could be headed to prison at age 80 for the remainder of his life. Cosby's conviction will only bolster the #MeToo movement.

But they weren't alone, it was almost like a Pandora's Box was opened and a lot of names came out. Let's look at all the accused men:
It all started with Harvey Weinstein in 2017 and four months in to 2018 and now with Bill Cosby's conviction, things are certainly looking up for the #MeToo movement. The number of cases of sexual ha..
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October 5, 2017
With three women accusing him of rape and multiple high-profile Hollywood actresses accusing him of sexual assault, Weinsntein has been fired and expelled from the Academy of Motion Pictures Arts and Sciences, Emmys and BAFTA. He has also been ousted from his own company.
October 5, 2017 With three women accusing him of rape and multiple high-profile Hollywood actresses accusing him of sexual assault, Weinsntein has been fired and expelled from the Academy of Motion ..
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October 10, 2017
Actress Hilarie Burton accused him of groping her in 2003. Affleck apologised to Burton on Twitter, "I acted inappropriately towards Ms. Burton and I sincerely apologize." Affleck has pledged to donate future profits made from Harvey Weinstein or Miramax projects to independent filmmakers and victims of sexual assault.
October 10, 2017 Actress Hilarie Burton accused him of groping her in 2003. Affleck apologised to Burton on Twitter, "I acted inappropriately towards Ms. Burton and I sincerely apologize." Affleck h..
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October 12, 2017
Isa Hackett, an executive producer on an Amazon series 'The Man in the High Castle', accused Price of sexual harassment. There has been no official statement from Price. Following the incident, he resigned from Amazon. Not just that, Price was set to marry TV writer and playwright Lila Feinberg in New York. Feinberg called off the wedding because of the accusation.
October 12, 2017 Isa Hackett, an executive producer on an Amazon series 'The Man in the High Castle', accused Price of sexual harassment. There has been no official statement from Price. Following t..
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October 22, 2017
More than hundreds of women have accused Toback of sexual harassment. However, in a statement, he denied the allegations and said that he had never met the women or, if he did, it "was for five minutes and has no recollection." Toback's agent and former ICM chief Jeff Berg, terminated his relationship with him.
October 22, 2017 More than hundreds of women have accused Toback of sexual harassment. However, in a statement, he denied the allegations and said that he had never met the women or, if he did, it ..
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October 29, 2017
'House of Cards' won't be the same without him! Actor Anthony Rapp first spoke about being sexually assaulted by Spacey in 1986. In response, Spacey apologised for "what would have been deeply inappropriate drunken behavior". He's also decided to "choose now to live as a gay man." Spacey was fired from hit Netflix series 'House of Cards' and replaced in Ridley Scott's completed film. He is currently seeking unspecified treatment.
October 29, 2017 'House of Cards' won't be the same without him! Actor Anthony Rapp first spoke about being sexually assaulted by Spacey in 1986. In response, Spacey apologised for "what would have ..
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October 30, 2017
At least five women have shared stories of Piven's misconduct. Actress, Ariane Bellamar said Piven groped her on the sets of 'Entourage'. Piven has adamantly denied all the claims, going so far as to take a polygraph test. Amidst the drama, CBS planned to end 'Wisdom of the Crowd' after just one season, as more women came forward with allegations of sexual harassment.
October 30, 2017 At least five women have shared stories of Piven's misconduct. Actress, Ariane Bellamar said Piven groped her on the sets of 'Entourage'. Piven has adamantly denied all the claims, ..
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November 1, 2017
Accused by two writers, Anna Graham Hunter and Wendy Riss Gatsiounis, Hoffman responded to Hunter's allegation, "I have the utmost respect for women and feel terrible that anything I might have done could have put her in an uncomfortable situation," in a statement. "I am sorry. It is not reflective of who I am."
November 1, 2017 Accused by two writers, Anna Graham Hunter and Wendy Riss Gatsiounis, Hoffman responded to Hunter's allegation, "I have the utmost respect for women and feel terrible that anything ..
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November 1, 2017
With accusations from at least six women, including actresses Natasha Henstridge and Olivia Munn, Rattner has denied the allegations and is suing his rape accuser for libel. Playboy shelved projects with Ratner and actress Gal Gadot confirmed that he won't be involved in the 'Wonder Woman' sequel, calling the decision "the right thing to do".
November 1, 2017 With accusations from at least six women, including actresses Natasha Henstridge and Olivia Munn, Rattner has denied the allegations and is suing his rape accuser for libel. Playboy ..
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November 7, 2017
The suave actor from 'Gossip Girl' was accused by two women of sexual assault, including actress Kristina Cohen and former actress Aurelie Wynn. He denied the allegations and said he is cooperating with the authorities to have his name cleared as soon as possible.
November 7, 2017 The suave actor from 'Gossip Girl' was accused by two women of sexual assault, including actress Kristina Cohen and former actress Aurelie Wynn. He denied the allegations and said he..
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Newly unsealed documents show the 67-year-old former film producer sought help from billionaires Jeff Bezos and Michael Bloomberg as sexual misconduct allegations against him piled up in October 2017, and that he considered issuing a statement at the time claiming that he was suicidal. There is no evidence to suggest either man responded.

The New York case was the first criminal matter against Weinstein to arise from accusations of more than 90 women, including actresses Gwyneth Paltrow, Salma Hayek and Uma Thurman. Many of Weinstein's accusers say he used his Hollywood prestige to befriend them, dangling movie roles to gain their trust.

Weinstein's lawyers are seeking the minimum sentence of five years in prison because of his age and frail health.

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Weinstein, who turns 68 next week, used a walker throughout the trial following recent back surgeries. After his Feb. 24 conviction, he split time between a hospital and a jail infirmary unit, and had a stent inserted last week to unblock an artery.

"Given his age and specific medical risk factors, any additional term of imprisonment above the mandatory minimum - although the grave reality is that Mr. Weinstein may not even outlive that term - is likely to constitute a de facto life sentence," Weinstein's lawyers wrote in a sentencing memorandum filed Monday.

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Once Weinstein is sentenced, he'll be transferred from the city's jail system to the state prison system. The agency that runs New York's state prisons said every inmate is evaluated to determine which facility meets his or her security, medical, mental health and other needs.

Martin Horn, the city's former corrections commissioner, said Weinstein's celebrity status could make him a target for another inmate looking to make a name for himself, while the gravity of his convictions and sentence could raise suicide concerns.

"No jail wants to have the next Jeffrey Epstein," said Horn, who now teaches at John Jay College of Criminal Justice. "They're going to make sure that nothing happens to him while he's in their custody. Not because he's important, but just from a public relations point of view, it would be awfully embarrassing."
Harvey ​Weinstein, who turns 68 next week, used a walker throughout the trial following recent back surgeries. ​
Harvey Weinstein, who turns 68 next week, used a walker throughout the trial following recent back surgeries.

Prosecutors did not ask for a specific number of years in prison in their sentencing memorandum, but said that Weinstein deserves severe punishment to account for allegations dating to the 1970s that didn't lead to criminal charges.

In their letter, prosecutors outlined 16 examples they said showed Weinstein "trapped women into his exclusive control" so he could sexually assault them, starting when he was working as a music producer in Buffalo in 1978.

Fordham University law professor Cheryl Bader said she expects Judge James Burke to impose a harsh sentence.

"One of the underlying principles of the law of punishment is promoting general deterrence," Bader said. "I think Judge Burke will want to send a message to 'would be' sexual predators that the hammer of the law will come down hard on you if you use your power - physical and otherwise - to manipulate and sexual abuse victims."

Just as jury selection was about to get under way in the New York case in January, authorities in California announced they were also bringing criminal charges against Weinstein.

Weinstein was charged in California with raping a woman at a Los Angeles hotel on Feb. 18, 2013, after pushing his way inside her room, then sexually assaulting a woman in a Beverly Hills hotel suite the next night.


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