Warning, this Harvey Weinstein charges explainer discusses sexual assault and rape.
Harvey Weinstein’s high-profile trial in New York came to a climatic end as the disgraced Hollywood mogul was found guilty on two of the five charges he was facing, a verdict that serves as vindication for the MeToo movement.
It’s all quite confusing as to what this all means and what the difference is between each sexual assault charge due to the complexities of American law, so here’s an explainer on the five Harvey Weinstein charges and what happens now.
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Of the five charges he was initially charged with – two counts of predatory sexual assault, one count of criminal sexual act in the first degree, one count of rape in the third degree, and one act of rape in the first degree – Harvey Weinstein was convicted on rape in the third degree and criminal sex act in the first degree.
In order for someone to be convicted of a charge, the jury’s decision must be unanimous. After five days of deliberation, jurors in Harvey Weinstein’s trial found him guilty on the aforementioned two charges while being unable to reach a unanimous verdict on the remaining three charges.
As this trial took place in the state of New York, the charges brought against Weinstein are defined under New York law and are as follows:
Criminal sexual act in the first degree
Under New York law, “criminal sex act” is a crime referring to non-consensual oral or anal sex. For a criminal sex act in the first degree, a person can be found guilty of it if they engage “in oral sexual conduct or anal sexual conduct” by “forcible compulsion.”
Forcible compulsion as defined under New York law means compelling someone using “physical force” or “by a threat, express or implied, which places a person in fear of immediate death or physical injury to himself or herself [or another person] or in fear that he or she [or another person] will immediately be kidnapped.”
In the context of the trial, Harvey Weinstein was found guilty of this charge by the jury after Miriam Haley testified that he forced himself upon her during a visit to his apartment in 2006 and performed oral sex on her without her consent.
Rape in the first degree
This is the most serious rape charge under New York law and a person can be found guilty of it if they engage in “sexual intercourse with another person” using “forcible compulsion” or if the victim is “incapable of consent by reason of being physically helpless.”
Harvey Weinstein was charged with this after former aspiring actress Jessica Mann testified that he raped her in a hotel room in 2013, saying he held the door shut before ordering her to undress.
The jury were unable to reach a unanimous verdict on this charge and Weinstein was acquitted of it.
Rape in the third degree
Under New York law, a person is guilty of this crime if they engage “in sexual intercourse with another person without such person’s consent” but it doesn’t require the prosecutors to prove “forcible compulsion.”
Harvey Weinstein was charged with this in addition to the rape in the first degree charge he got in connection with Jessica Mann’s testimony. The jury came to a unanimous verdict on this charge, meaning the prosecutors proved beyond a reasonable doubt that Jessica did not consent to sexual intercourse with Weinstein in 2013 but failed to prove the “forcible compulsion” element.
Predatory sexual assault (two counts)
The most serious crime of all the Harvey Weinstein charges that can carry a punishment of life imprisonment, New York law states that a person is guilty of this if they commit rape in the first degree or a criminal sexual act, and had committed other crimes of the same nature in the past (regardless if they were charged or convicted). In other words, prosecutors needed to show that Weinstein had a history of committing sexual crimes against multiple people.
Actress Annabella Sciorra was called to the stand and testified that Weinstein raped her in the 1990s. Prosecutors aimed to use Annabella’s testimony in addition to Miriam and Jessica’s allegations to establish a pattern of predatory behaviour.
Weinstein was charged on two accounts of this – one in connection with Miriam and Annabella’s allegations, and one in connection with Annabella and Jessica’s allegations – but was acquitted of both charges as the jury felt prosecutors didn’t prove beyond a reasonable doubt that Weinstein raped Annabella.
Now that we’ve established the difference between each charge, what does this all mean for Harvey Weinstein?
Judge James Burke ordered Weinstein to be remanded into custody without bail until the disgraced movie mogul’s sentencing on March 11. As for how long he’ll be behind bars, he faces five to 25 years for the first-degree criminal sexual assault conviction and 18 months to four years for the third degree rape conviction.
Weinstein’s lawyers state that they will appeal the verdict but they’re in for an uphill battle as the convicted mogul still faces four charges in Los Angeles. Notably, this represents the most high-profile sexual assault conviction during the MeToo Movement since Bill Cosby was found guilty in 2018.
Even though Harvey Weinstein was acquitted of the most serious charges, his conviction marks a long-awaited victory for the MeToo Movement and all the women involved, and the verdict represents something of a milestone for holding powerful men accountable for their actions.
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