“You can’t say, ‘I’m afraid of this man’ and then reach out to him.”
After hearing from 35 witnesses over more than two weeks of testimony, the New York City jury in Harvey Weinstein’s rape and sexual assault case will begin deliberations this morning.
Weinstein is facing five felony counts of rape and sexual assault, based on the testimony of two complaining witnesses: former “Project Runway” production assistant Miriam ‘Mimi’ Haleyi — who claims the Hollywood producer sexually assaulted her in 2006, and an accuser who claims Weinstein raped her in a Manhattan hotel suite in 2013. ABC News is not naming the rape accuser because she has never publicly identified herself. The other five women either did so, or their lawyers gave ABC permission to name them
The account of a third accuser, Annabella Sciorra, is too old to prosecute, but a judge allowed her to testify in support of two predatory sexual assault charges – which require prosecutors to prove that Weinstein attacked at least three women.
In order to convict on either of the two predatory sexual assault charges, the jury must believe either Sciorra and Haleyi’s accounts, or Sciorra and the rape accuser’s account.
Three additional women – Dawn Dunning, Tarale Wulff and Lauren Young testified as “prior bad acts” witness to demonstrate the prosecution’s contention that Weinstein engaged in a pattern of predatory behavior – essentially seeking sexual favors in return for providing career opportunities.
Prosecutors portrayed the accusers in opening arguments as unsuspecting women who sought out professional opportunities but got more than they bargained for.
Manhattan Assistant District Attorney Meghan Hast’s opening arguments spotlighted some of the extraordinary challenges prosecutors face in seeking to convict Weinstein for crimes that took place years ago and include no physical or forensic evidence.
Hast outlined the accounts of numerous witnesses allegedly overpowered by Weinstein who — nervous, upset and confused — sometimes gave up the physical struggle against him and simply stopped resisting. In some instances, the accusers returned to Weinstein time and time again, despite emotionally and physically devastating alleged sexual assaults.
Both complaining witnesses maintained contact with Weinstein after their alleged assaults, and defense attorneys portrayed all of Weinstein’s six accusers at trial as ambitious women navigating a ruthlessly competitive industry, who “relabeled” consensual sexual encounters as assaults once allegations about Weinstein were published in the fall of 2017 in The New York Times and The New Yorker.
“We’re not victim-shaming,” defense attorney Damon Cheronis said in opening arguments. “‘Victim is a conclusion attained only after trial. These are complaining witnesses.”
“What you are going to see throughout this trial is that they wanted to have it both ways,” Cheronis said. “You can’t say, ‘I’m afraid of this man, I can’t get away from him,’ and then reach out to him to see if he’ll be in L.A. for your birthday.”
Prosecutors contended that the accusers were “tricked” into being alone with Weinstein, and then suddenly sexually assaulted.
Of scores of women who have publicly accused Weinstein of sexual assault or misconduct, only six were subject to public testimony and the withering cross-examinations that followed.
Manhattan Assistant District Attorney Joan Illuzzi underscored their commitment in closing arguments.
“They didn’t come for a beauty contest. They didn’t come for money. They didn’t come for fame. They came to be heard.”
“They sacrificed their dignity, their privacy and their peace for the prospect of having that voice, and their voices would be enough for justice,” she said.