A California appeals court on Thursday upheld Harvey Weinstein's 2022 rape conviction but ruled that he must be resentenced, finding that the trial judge improperly allowed testimony about uncharged sexual misconduct allegations.
The Second District Court of Appeal in Los Angeles affirmed the conviction on one count of rape and one count of sexual penetration by a foreign object, rejecting Weinstein's argument that the jury was tainted by prejudice. However, the panel agreed with the defense that the judge erred by permitting three women to testify about incidents that were not part of the criminal charges, saying the testimony was more prejudicial than probative.
Resentencing Ordered Due to Trial Errors
The court ordered a new sentencing hearing, at which the trial judge must reconsider the sentence without considering the improperly admitted testimony. Weinstein, 72, is currently serving a 16-year prison sentence in California after being convicted in Los Angeles in 2022. He was acquitted of two other counts of sexual assault and a jury deadlocked on two additional counts.
Weinstein's attorney, Jennifer Bonjean, said the ruling was a mixed result. "We are gratified that the court recognized the trial court's errors in admitting prejudicial evidence, but we are disappointed that the conviction was not reversed entirely," Bonjean said in a statement. "We are evaluating our options for further appeal."
Prosecutors Express Satisfaction
Los Angeles County District Attorney George Gascón said the office was pleased that the conviction was upheld. "This ruling affirms that Harvey Weinstein is a convicted rapist, and we will continue to fight for the survivors who bravely came forward," Gascón said. He added that prosecutors would seek a sentence that reflects the severity of the crimes.
Weinstein remains incarcerated in New York, where he was convicted in 2020 of rape and sexual assault and sentenced to 23 years in prison. That conviction was overturned by the New York Court of Appeals in April 2024 on procedural grounds, but Weinstein was retried and convicted again in November 2024, receiving a 20-year sentence. He is currently serving both sentences concurrently.
Background of the Case
The California case stemmed from attacks on four women between 2004 and 2013. The jury convicted Weinstein of raping a woman in a Beverly Hills hotel room in 2013 and sexually assaulting another woman in 2004. The trial featured testimony from more than a dozen accusers, including actresses Annabella Sciorra and Rosie Perez.
Weinstein's downfall in 2017 sparked the #MeToo movement, with dozens of women coming forward to accuse him of sexual misconduct. He has maintained his innocence, arguing that all encounters were consensual.
