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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

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