Court Upholds Weinstein's LA Rape Conviction, Orders Resentencing
A California appeals court on Friday upheld Harvey Weinstein's 2022 Los Angeles rape and sexual-assault conviction but vacated his 16-year sentence, ordering a new sentencing hearing.
The unanimous three-judge panel of California's 2nd District Court of Appeal rejected the former film producer's bid to overturn the verdict, while sending the case back to the trial court to reconsider how long he should serve, Variety reported.
What the court decided
"The sentence is vacated and the matter is remanded for re-sentencing. In all other respects, the judgment is affirmed," the court wrote in its posted order, according to Deadline.
Writing for the panel, Justice Michelle Kim said the trial court's handling of the evidence was sound. "The court's application of California statutory rules of evidence did not infringe on Weinstein's constitutional rights to challenge the prosecution's case, present a defense, and confront the witnesses against him," she wrote.
The 112-page decision followed oral arguments held April 23. The panel turned aside Weinstein's arguments, including a challenge to allowing other accusers to testify about uncharged misconduct. That testimony, the court found, was "relevant to show his propensity to commit the sexual offenses charged in this case."
Weinstein, 74, was convicted in December 2022 of assaulting a model at the L.A.-Italia Film Festival. In February 2023, Los Angeles Superior Court Judge Lisa Lench sentenced him to eight years for forcible oral copulation, the upper term, plus six years and two years on other counts, for a total of 16 years.
Why a new sentence
The resentencing order turns on how Judge Lench reached the upper term. She relied on Weinstein's earlier New York conviction as an aggravating factor, but that New York verdict was overturned in April 2024.
The California attorney general's office agreed Weinstein was entitled to resentencing on those grounds. If the judge imposes the middle term of six years rather than eight, his total would drop by two years.
The ruling lands amid a string of high-profile appellate reversals and affirmances in criminal cases nationwide, including the U.S. Supreme Court's move to reinstate the Etan Patz murder conviction earlier this year.
What happens next
Weinstein's team signaled it is not done fighting. His spokesman, Juda Engelmayer, said he was "disappointed" and would take the case to the state's highest court.
"This is not the end of the appellate process," Engelmayer said, per DW. "We intend to seek review in the California Supreme Court because we continue to believe significant legal errors affected the proceedings and warrant further review."
The California decision came a day after the Manhattan District Attorney's office, led by Alvin Bragg, decided not to pursue a fourth New York rape trial because the accuser did not wish to testify again. Weinstein remains jailed awaiting a New York sentencing expected in September after being reconvicted last year.
The allegations against Weinstein helped catalyze the #MeToo movement. His case has unfolded alongside a wave of civil and criminal disputes touching the entertainment industry, from institutional settlements with sexual-misconduct survivors to celebrity courtroom battles.
Frequently Asked Questions
Did the appeals court overturn Weinstein's Los Angeles conviction?
No. The 2nd District Court of Appeal affirmed the 2022 conviction in full. It vacated only the 16-year sentence and ordered the trial court to resentence him.
Why was Weinstein's sentence vacated?
The trial judge relied on Weinstein's earlier New York conviction as an aggravating factor for the upper-term sentence. That New York verdict was overturned in April 2024, and the California attorney general's office agreed he was entitled to resentencing.
Could Weinstein's prison time change?
Possibly. If the judge imposes the middle term of six years instead of the eight-year upper term on the lead count, his total would drop by two years.
Is Weinstein appealing further?
Yes. His spokesman, Juda Engelmayer, said the defense intends to seek review in the California Supreme Court.
Sources
Reporting compiled from court records and the cited source outlets.