Harvey Weinstein Seeks to Toss Rape Charges

Harvey Weinstein’s attorneys filed a motion to dismiss his sex crimes indictment on Friday, arguing that prosecutors erred by not showing the grand jury friendly emails between Weinstein and one of the alleged victims.

Weinstein’s attorney, Benjamin Brafman, obtained permission Thursday from a Delaware bankruptcy judge to include the emails in the motion. The accuser, who contends that Weinstein raped her in a hotel room in 2013, is identified in the motion as “Complaining Witness 1.” Brafman has previously said that the woman had a consensual 10-year relationship with Weinstein.

The motion quotes about 40 emails from her to Weinstein, in which she discusses getting together and comments on their relationship:

“I love you, always do. But I hate feeling like a booty call,” she wrote in 2017, according to the motion.

“I was hoping for some time privately with you to share the direction I am going in life and catch up because its been awhile,” she wrote.

“By the way I was so happy you saw me today! Very honored. Talk soon,” she wrote.

Brafman argues that the grand jury should have had the opportunity to ask the woman about the email exchanges.

“Although reflecting neither Mr. Weinstein’s words nor feelings, by using the term ‘booty call,’ the complaining witness appears to acknowledge the consensual, intimate nature of her relationship with Mr. Weinstein and perhaps, most importantly, signaled her desire for a fuller and more emotionally committed relationship,” Brafman writes. “This evidence should not have been kept from the Grand Jury.”

The D.A.’s office has declined to comment on Brafman’s accusations.

Weinstein faces six charges, including rape and criminal sexual acts, involving three accusers. The other two accusers are identified in the motion as Lucia Evans and Mimi Haleyi. Evans has previously told her story to the New Yorker, and Haleyi relayed her account of being sexually assaulted by Weinstein at a press conference with Gloria Allred last fall.

Brafman argues that all the charges should be dropped because the prosecution cannot show that Weinstein used “forcible compulsion” in any of the alleged incidents. The motion quotes from Evans’ New Yorker interview, in which she said she did not kick or fight him, and instead “just sort of gave up.”

“Acquiescence in the face of insistence without physical force or threat of violence is certainly not a legally sufficient basis to charge someone with the crimes of Rape, Criminal Sexual Act or Predatory Sexual Assault,” Brafman writes.

Brafman also argues that Evans’ allegation should be dropped because she could not remember the date on which the incident occurred.

Weinstein could face life in prison if convicted.

Weinstein Motion to Dismiss by gmaddaus on Scribd

More Biz

  • Lenny Bruce (1925-1966) social critic and

    Paul Krassner Recalls Lenny Bruce, Cavalier Magazine 50 Years Later

    Men’s magazine Cavalier was launched by Fawcett Publications in 1952 (motto: “For the American Male”). It was published the year before Playboy, to which it has often been compared. Imagine that this was a bastion of cutting-edge comic literature. Back in the day, Cavalier tried to be seen as slightly hipper, more youthful and considered [...]

  • LiveXLive Names AOL and MTV Vet

    LiveXLive Names AOL and MTV Vet Dermot McCormack President

    Live entertainment digital media company LiveXLive Media today announced that AOL and MTV veteran Dermot McCormack has been named president of the company. According to the announcement, McCormack will lead the business and creative operations of LiveXLive, effective immediately. McCormack previously served as AOL’s Global President of Video and Studios, where he oversaw the video [...]

  • R Kelly Sexual Assult Accusations Mugshot

    R. Kelly Ordered Held Without Bail

    R. Kelly has been ordered held without bond at a hearing Tuesday in federal court in Chicago, according to the Chicago Sun Times. The singer entered a not-guilty plea. The hearing, which follows the singer being hit Friday with a total of 18 counts of serious sexual misconduct and other charges in Chicago and New York, [...]

  • Woodstock co-producer and co-founder, Michael Lang,

    Woodstock 50 Organizers Are Optimistic but Vague Before Town Meeting

    Woodstock organizers Michael Lang and Richard Peck were optimistic but vague when speaking with reporters at a hastily announced open house for the festival held in Vernon, New York on Monday night. The town’s Vernon Downs is the most recent proposed site for the trouble festival, which has been dogged by financial and organizational problems [...]

  • What Is Equity, Roc Nation’s Indie

    What Is Equity, Roc Nation’s Indie Distribution Company?

    When news broke earlier this year that Jaz-O, Jay-Z’s longtime friend-turned-foe-turned-friend-again from Marcy Projects, had signed with Roc Nation, most reports glossed over exactly which company the rapper had signed with. His deal, for his Kingz Kounty Media Group, is actually with Equity Distribution, the independent distribution arm of the Roc Nation family of companies, [...]

  • Andhadhun

    Booming Digital Lifts Eros Indian Film Distribution Giant

    Eros International, India’s largest and most controversial film distributor, says that its digital revenues now outstrip conventional theatrical and syndication revenues. Its Eros Now streaming platform claims 18.8 million paying subscribers. The New York-listed company reported annual results that were distorted by multiple adjustments to presentation. Reported revenues in the year to end of March [...]

  • The dark Manhatten skyline, seen from

    StubHub Refunds $500,000 to Customers Shut Out by New York Blackout

    Saturday’s blackout in New York had an outsized effect on the city’s nightlife, with Madison Square Garden and the entire Broadway district seeing multiple shows cancelled due to the the power outage. As a result, StubHub has refunded more than $500,000 worth of tickets for cancelled events. According to a statement from the company, the StubHub [...]

More From Our Brands

Access exclusive content