logo
What to know about Harvey Weinstein's rape and sexual assault retrial

What to know about Harvey Weinstein's rape and sexual assault retrial

Former Hollywood magnate Harvey Weinstein is set to face a retrial in the United States, a year after his 2020 rape conviction was overturned.
Warning: This story contains details about sexual abuse that readers may find distressing
A driving force for the #MeToo movement, the allegations against the 73-year-old will be heard by New York's highest court in proceedings starting Wednesday, local time.
The retrial involves accusations from three women — an aspiring actor who said Weinstein raped her in 2013; and two women who made separate allegations of forced oral sex in 2006.
One of the latter two was not part of the original trial.
Here's what to know.
What was Weinstein's original sentencing?
In February 2020, the Manhattan Supreme Court found Weinstein guilty of raping then-actress
Jessica Mann
at the DoubleTree Hotel in New York on March 18, 2013.
Photo shows
Three photographs of women; left with long blonde hair, middle with short dark hair, right with long dark hair.
The voices of the #MeToo movement hail the conviction of Harvey Weinstein as a victory for women who have gone public with allegations against powerful men.
Ms Mann said following that incident, she became involved in a romantic relationship with Weinstein for several years during which she was the
Weinstein was also convicted of sexually assaulting
Miriam "Mimi" Haleyi
, a film production assistant, at his New York apartment in 2006 after the pair worked together on The Weinstein Company.
She
Ms Mann and Ms Haleyi were among six women who testified against Weinstein in that trial, following which he was
Outside of court, more than 100 women, including high-profile Hollywood names Gwyneth Paltrow, Angelina Jolie and Rose McGowan, have accused him of sexual misconduct stretching back decades.
Weinstein was, however, acquitted on the most serious of the charges — a single count of first-degree rape as well as two counts of predatory sexual assault, which carried a potential life sentence.
He has maintained his innocence and denies raping or sexually assaulting anyone.
Why was Weinstein's conviction overturned?
New York's Court of Appeals in April 2024 ruled that the original trial judge, James Burke, allowed prejudicial testimony in what he termed "egregious errors".
"We conclude that the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes because that testimony served no material non-propensity purpose," the ruling read.
Judge Burke's term expired in 2022, and he is no longer on the bench.
The reversal of Weinstein's conviction dismayed #MeToo activists and was seen by the United Nations as a failure for women survivors who "risked their safety, livelihood and jobs to bravely come forward and share their ordeal".
"If a new trial goes ahead, survivors will be asked to relive their alleged experiences, which may lead to further retraumatisation and unnecessary distress," UN experts said at the time.
What is Weinstein's retrial examining?
Weinstein will again be tried on the same rape and sexual assault charges from the first trial, with an additional count of violent sexual assault brought forward by an
The three allegations to be visited include:
Sex crime (of Miriam Haleyy in 2006)
Third-degree rape (of Jessica Mann in 2013)
Forced oral sex (of an unnamed woman in 2006)
The retrial is expected to last up to six weeks.
Weinstein is also challenging another 2022 rape conviction in Los Angeles for which he was sentenced to 16 years in prison.
He currently remains imprisoned at the notorious Rikers Island prison in New York's Bronx.
Who is on the jury?
A majority-female jury will be deciding the landmark #MeToo case in Weinstein's retrial, in contrast to the five women-seven men board that delivered the conviction in 2020.
This time the selection process for the main panel has yielded a seven-woman, five-man jury and five alternate jurors. Alternates step in if a member of the main panel cannot see the trial through.
Photo shows
Harvey Weinstein leaves New York court with a walker.
Former Hollywood producer Harvey Weinstein is sentenced to 23 years in prison over rape and sexual assault convictions in a case hailed as a victory for the #MeToo movement.
The 12 members, drawn from Manhattan's jury pool, include a physics researcher, a photographer, a dietitian, a therapist, an investment bank software engineer and a fire safety director. Others have experience in real estate, TV commercials, debt collection, social work and other fields.
Some have served as jurors or grand jurors multiple times before, and others, never. Those chosen were quizzed about their backgrounds, life experiences and various other points that could relate to their ability to be fair and impartial about the highly publicised case.
Hundreds of other potential jurors were excused for reasons ranging from language barriers to strong opinions about Weinstein — "the first word that came in my head was 'pig,'" said one man who was soon let go.
"You may hear sexual allegations here of a salacious nature — graphic, perhaps. Would hearing that indicate that … Mr Weinstein must be guilty?" defence attorney Mike Cibella asked one prospective juror on Monday. The woman, who ultimately was chosen, answered no.
Prosecutor Shannon Lucey sought assurances that prospective jurors could put aside any position or feelings they had about the #MeToo movement.
"Is there anyone who is going to think of the movement and think, 'OK, that's just something that I have to keep in the back of my mind when I'm deciding this case?' Everyone can put that aside?" she asked a group of 24 possible jurors. All indicated they could do so.
ABC/AP
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

The video games industry is having its #MeToo moment. But there's a long way to go
The video games industry is having its #MeToo moment. But there's a long way to go

The Age

time6 days ago

  • The Age

The video games industry is having its #MeToo moment. But there's a long way to go

Quinn, alongside other female, queer and non-binary gamers and developers were heavily targeted, with many facing ongoing harassment, doxxing and even death and rape threats. Independent games were also targeted, particularly if they appeared to skew more progressive. The online maelstrom became so severe that sites such as Kotaku, a popular gaming blog, banned their writers from contributing to crowdfunding appeals like Patreon. Tech company Intel also pulled an ad campaign from video game news site Gamasutra following complaints from GamerGaters about a column written by the editor-at-large that was critical of the male-centric gamer identity. The intensity of the GamerGate movement has since dissipated, but the sexist and bigoted attitudes it espoused live on. For example, the writer of a 2023 IGN report – which laid out a history of alleged sexism at the developer of Black Myth: Wukong, Game Science – became the target of a lengthy harassment campaign. And last year, rumours swirled that Ubisoft was allegedly forced by 'DEI [diversity, equality and inclusion] warriors' into making the main character of Assassin's Creed Shadows black, despite historical evidence that a black samurai warrior existed. Cue the #MeToo movement While GamerGaters were launching co-ordinated harassment campaigns against female and other minority gamers, developers and games journalists, trouble was also brewing inside the very companies that create the games they play. In August 2019, games designer Nathalie Lawhead posted about the alleged abusive behaviour and rape she says were inflicted upon her by former colleague composer Jeremy Soule. He vehemently denied the allegations and was never charged with a crime. Soule's management was contacted for comment. However, Lawhead's post had a domino effect, as several other women within the industry proceeded to share their own accounts of abuse in the workplace, including sexual harassment, gaslighting and retaliation. This included Zoe Quinn, who on August 27, 2019, accused Alec Holowka (who worked on the 2017 indie hit Night in the Woods) of sexual and verbal abuse. Holowka died shortly after on August 31. These weren't the first abuse allegations made within the industry. In 2018, a Kotaku investigation exposed a culture of sexism at developer Riot Games (makers of League of Legends). This resulted in five former employees suing the company over workplace harassment and discrimination. About 150 of Riot Games' employees protested over how the company was handling the lawsuit in 2019 – the largest video games protest of such nature at the time. The Ubisoft trial Arguably the most commonly referenced example, however, is the string of complaints made against executives at Ubisoft. In 2020, dozens of company employees filed complaints of sexual misconduct, bullying and harassment. While not accused of any misconduct individually, managing director Yannis Mallat left the company in the wake of the complaints. 'The recent allegations that have come to light in Canada against multiple employees make it impossible for him to continue in this position,' Ubisoft said in a statement reported by Bloomberg at the time. Global head of human resources Cécile Cornet was not accused of any misconduct personally but also departed Ubisoft and her division was reorganised. Chief creative officer Hascoët also departed at the time of Mallat and Cornet, and was last week found guilty in a French court of psychological harassment and complicity in sexual harassment. 'These departures come following the initiation of a rigorous review that the Company initiated in response to recent allegations and accusations of misconduct and inappropriate behaviour,' according to the Ubisoft statement to Bloomberg in 2020. According to Bloomberg, it was the 'most significant executive exodus in the $US150 billion industry since the #MeToo movement started gathering momentum'. The company proceeded to launch an internal inquiry. Following this, Ubisoft chief executive Yves Guillemot announced a plan to overhaul the company's creative editorial team, adding that his 'goal is to create an inclusive and open culture that embraces more diverse and multidisciplinary expertise'. This series of events culminated in the recent trial in Bobigny, in which Serge Hascoët, former Ubisoft game director Guillaume Patrux, and former Ubisoft editorial vice-president Thomas François were found guilty of enabling a culture of bullying and sexual harassment within the company. What were the results of the trial? Thomas François was found guilty of sexual harassment, psychological harassment and an attempted sexual assault, and was given a three-year suspended prison sentence and fined more than $53,000. Serge Hascoët was acquitted of sexual harassment and complicity in psychological harassment, but was found guilty of psychological harassment and complicity in sexual harassment. He was given an 18-month suspended sentence and a fine of more than $80,000. Guillaume Patrux was found guilty of psychological harassment and given a 12-month suspended sentence and a fine of more than $17,000. Could this foster real change? UNSW associate professor Michael Kasumovic, who has researched gender differences in video games, says this could be a turning point within the industry, particularly as games companies continue to realise that gender equity is not only positive socially, but also financially. 'Many companies are interested in improving the STEM pipeline to increase diversity on their teams. And with social media, people are more willing to share their experiences,' he says. 'This [Ubisoft] trial could definitely speed things up, especially in Europe, where they're cracking down on such things more strongly.' Dr Susannah Emery, a lecturer in game design and digital media at the University of South Australia, also thinks this trial will show game companies there are legal consequences for poor workplace practices, but emphasises it won't fix everything. 'For a long time, the games industry has been dominated and controlled by certain voices and cultures, and when those are the people making the games, those are the voices amplified within the games they make,' Emery says. 'Everything else is seen as an exception to this 'norm' – women make up about half of all game players, but in Australia, only make up around 21 per cent of game developers. Loading 'Real action in this space has been slow because the systems controlling this, such as leadership and the laws, weren't built with safety or equity in mind. This is starting to change due to verdicts like this, but there's still a lot of work to do be done here.' The fallout from both GamerGate and the #MeToo movement has resulted in greater regulation within companies, including the implementation of moderation, the ability for gamers to modify their voice, and bans. A spokesperson at the Interactive Games and Entertainment Association, Australia's peak industry body representing the video games industry, says creative environments flourish when people feel supported and empowered. 'All employees deserve a safe, inclusive and respectful workplace; one free from harassment, discrimination and intimidation ... It's vital that all workplaces within our sector continuously examine and strengthen their culture to uphold the highest standards and foster spaces where creativity and talent can thrive.' However, Kasumovic notes this is not just an issue within the video game industry, but a broader societal issue. 'One of the biggest things that needs to happen now is the education of young men so they realise their value isn't determined by their ability to compete,' he says. 'This is difficult because there are still so many spaces that allow men to behave in overtly aggressive and male-dominating ways … Society must continue to punish individuals who behave this way. Young people need to see and understand this sort of behaviour is unacceptable. 'Unfortunately, if history tells us anything, we have a long way to go.'

The video games industry is having its #MeToo moment. But there's a long way to go
The video games industry is having its #MeToo moment. But there's a long way to go

Sydney Morning Herald

time6 days ago

  • Sydney Morning Herald

The video games industry is having its #MeToo moment. But there's a long way to go

Quinn, alongside other female, queer and non-binary gamers and developers were heavily targeted, with many facing ongoing harassment, doxxing and even death and rape threats. Independent games were also targeted, particularly if they appeared to skew more progressive. The online maelstrom became so severe that sites such as Kotaku, a popular gaming blog, banned their writers from contributing to crowdfunding appeals like Patreon. Tech company Intel also pulled an ad campaign from video game news site Gamasutra following complaints from GamerGaters about a column written by the editor-at-large that was critical of the male-centric gamer identity. The intensity of the GamerGate movement has since dissipated, but the sexist and bigoted attitudes it espoused live on. For example, the writer of a 2023 IGN report – which laid out a history of alleged sexism at the developer of Black Myth: Wukong, Game Science – became the target of a lengthy harassment campaign. And last year, rumours swirled that Ubisoft was allegedly forced by 'DEI [diversity, equality and inclusion] warriors' into making the main character of Assassin's Creed Shadows black, despite historical evidence that a black samurai warrior existed. Cue the #MeToo movement While GamerGaters were launching co-ordinated harassment campaigns against female and other minority gamers, developers and games journalists, trouble was also brewing inside the very companies that create the games they play. In August 2019, games designer Nathalie Lawhead posted about the alleged abusive behaviour and rape she says were inflicted upon her by former colleague composer Jeremy Soule. He vehemently denied the allegations and was never charged with a crime. Soule's management was contacted for comment. However, Lawhead's post had a domino effect, as several other women within the industry proceeded to share their own accounts of abuse in the workplace, including sexual harassment, gaslighting and retaliation. This included Zoe Quinn, who on August 27, 2019, accused Alec Holowka (who worked on the 2017 indie hit Night in the Woods) of sexual and verbal abuse. Holowka died shortly after on August 31. These weren't the first abuse allegations made within the industry. In 2018, a Kotaku investigation exposed a culture of sexism at developer Riot Games (makers of League of Legends). This resulted in five former employees suing the company over workplace harassment and discrimination. About 150 of Riot Games' employees protested over how the company was handling the lawsuit in 2019 – the largest video games protest of such nature at the time. The Ubisoft trial Arguably the most commonly referenced example, however, is the string of complaints made against executives at Ubisoft. In 2020, dozens of company employees filed complaints of sexual misconduct, bullying and harassment. While not accused of any misconduct individually, managing director Yannis Mallat left the company in the wake of the complaints. 'The recent allegations that have come to light in Canada against multiple employees make it impossible for him to continue in this position,' Ubisoft said in a statement reported by Bloomberg at the time. Global head of human resources Cécile Cornet was not accused of any misconduct personally but also departed Ubisoft and her division was reorganised. Chief creative officer Hascoët also departed at the time of Mallat and Cornet, and was last week found guilty in a French court of psychological harassment and complicity in sexual harassment. 'These departures come following the initiation of a rigorous review that the Company initiated in response to recent allegations and accusations of misconduct and inappropriate behaviour,' according to the Ubisoft statement to Bloomberg in 2020. According to Bloomberg, it was the 'most significant executive exodus in the $US150 billion industry since the #MeToo movement started gathering momentum'. The company proceeded to launch an internal inquiry. Following this, Ubisoft chief executive Yves Guillemot announced a plan to overhaul the company's creative editorial team, adding that his 'goal is to create an inclusive and open culture that embraces more diverse and multidisciplinary expertise'. This series of events culminated in the recent trial in Bobigny, in which Serge Hascoët, former Ubisoft game director Guillaume Patrux, and former Ubisoft editorial vice-president Thomas François were found guilty of enabling a culture of bullying and sexual harassment within the company. What were the results of the trial? Thomas François was found guilty of sexual harassment, psychological harassment and an attempted sexual assault, and was given a three-year suspended prison sentence and fined more than $53,000. Serge Hascoët was acquitted of sexual harassment and complicity in psychological harassment, but was found guilty of psychological harassment and complicity in sexual harassment. He was given an 18-month suspended sentence and a fine of more than $80,000. Guillaume Patrux was found guilty of psychological harassment and given a 12-month suspended sentence and a fine of more than $17,000. Could this foster real change? UNSW associate professor Michael Kasumovic, who has researched gender differences in video games, says this could be a turning point within the industry, particularly as games companies continue to realise that gender equity is not only positive socially, but also financially. 'Many companies are interested in improving the STEM pipeline to increase diversity on their teams. And with social media, people are more willing to share their experiences,' he says. 'This [Ubisoft] trial could definitely speed things up, especially in Europe, where they're cracking down on such things more strongly.' Dr Susannah Emery, a lecturer in game design and digital media at the University of South Australia, also thinks this trial will show game companies there are legal consequences for poor workplace practices, but emphasises it won't fix everything. 'For a long time, the games industry has been dominated and controlled by certain voices and cultures, and when those are the people making the games, those are the voices amplified within the games they make,' Emery says. 'Everything else is seen as an exception to this 'norm' – women make up about half of all game players, but in Australia, only make up around 21 per cent of game developers. Loading 'Real action in this space has been slow because the systems controlling this, such as leadership and the laws, weren't built with safety or equity in mind. This is starting to change due to verdicts like this, but there's still a lot of work to do be done here.' The fallout from both GamerGate and the #MeToo movement has resulted in greater regulation within companies, including the implementation of moderation, the ability for gamers to modify their voice, and bans. A spokesperson at the Interactive Games and Entertainment Association, Australia's peak industry body representing the video games industry, says creative environments flourish when people feel supported and empowered. 'All employees deserve a safe, inclusive and respectful workplace; one free from harassment, discrimination and intimidation ... It's vital that all workplaces within our sector continuously examine and strengthen their culture to uphold the highest standards and foster spaces where creativity and talent can thrive.' However, Kasumovic notes this is not just an issue within the video game industry, but a broader societal issue. 'One of the biggest things that needs to happen now is the education of young men so they realise their value isn't determined by their ability to compete,' he says. 'This is difficult because there are still so many spaces that allow men to behave in overtly aggressive and male-dominating ways … Society must continue to punish individuals who behave this way. Young people need to see and understand this sort of behaviour is unacceptable. 'Unfortunately, if history tells us anything, we have a long way to go.'

The Diddy trial: A test for the music industry's conscience
The Diddy trial: A test for the music industry's conscience

Sydney Morning Herald

time02-07-2025

  • Sydney Morning Herald

The Diddy trial: A test for the music industry's conscience

Almost eight years after rape accusations against heavyweight movie producer Harvey Weinstein upended the film business and created a powerful social and legal movement fuelled by the hashtag #MeToo, the trial of rapper and record producer Sean 'Diddy' Combs was the music industry's moment of reckoning. The trial, during which Diddy was accused of racketeering, sex trafficking and transportation to engage in prostitution, included allegations that the 55-year-old rapper abused women, paid them to keep silent and used drugs to control them. Combs was on Thursday (AEST) found guilty of two counts of transportation to engage in prostitution, but acquitted on the remaining three charges of sex trafficking and racketeering. He had pleaded not guilty to all charges. Over the course of six weeks of testimony, witnesses on the stand in New York's Daniel Patrick Moynihan courthouse described staged sexual encounters referred to as 'freak offs', lifting the lid on a troubling Hollywood music subculture of sexual exploitation and abuse. The allegations, meticulously laid out in court, were deeply damaging to the integrity of the music business, much in the same way #MeToo left the film business wrestling with itself. Whether this becomes an inflection point for the music industry, however, remains to be seen. Diddy's acquittal on three of the five charges would suggest it may not. As with #MeToo, there is a tendency to explain away the headlines as an unanticipated deviation from business as usual, rather than a reflection of patterns of behaviour which are dangerously and deeply entrenched in the way business is done. And unlike the #MeToo scandal, which landed in a moment of deep reflection, the Diddy trial has rendered its verdict in a vastly different America: an intersection of Trumpian politics, anti-woke sentiment and aggressive rewriting of cultural history.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store