An appeals court in California has upheld Harvey Weinstein’s 2022 conviction for rape and sexual assault but has ordered a resentencing due to the trial judge’s consideration of now-overturned New York convictions as an aggravating factor. The three-judge panel unanimously made this decision, stating that the trial judge did not violate Weinstein’s constitutional rights.
Weinstein, currently 74 years old, remains convicted of another sexual felony in New York and is awaiting sentencing there in September, with prosecutors seeking a 20-year prison term. In California, Weinstein was found guilty in December 2022 of one count of rape and two counts of sexual assault against an Italian model and actor referred to as Jane Doe 1 during the trial. He will serve his new sentence in California after completing his term in New York.
The victim, identified as Evgeniya Chernyshova, testified that Weinstein assaulted her in her hotel room during the 2013 LA Italia Film Festival. Weinstein’s defense argued for a new trial, claiming that critical evidence regarding Chernyshova’s relationship with another individual was wrongly excluded during the trial.
The appeals court, however, found that Weinstein had the opportunity to present his arguments during the trial based on other evidence. They also stated that testimony from accusers describing sexual assaults Weinstein was not charged with was permitted under state law.
Weinstein’s spokesperson expressed disappointment with the court’s decision and indicated plans to seek further review in the California Supreme Court. The Los Angeles County District Attorney’s Office declined to comment on the ruling until a thorough review had been conducted.
Despite the recent developments in California, Weinstein’s legal battles are far from over, with ongoing proceedings in New York and potential further appeals in the California Supreme Court.