×
You will be redirected back to your article in seconds

Harvey Weinstein’s Lawyers Fight Sex Trafficking Claim

Harvey Weinstein’s lawyers urged a judge on Tuesday to dismiss a lawsuit that accuses him of violating a federal sex-trafficking law.

Kadian Noble, an aspiring actress, alleges that Weinstein groped her and “forced her to masturbate him” during a meeting at a hotel room at Cannes in 2014. Her attorney, Jeff Herman, alleged that Weinstein had run afoul of a federal law that makes it illegal to coerce anyone into a “commercial sex act” in the course of interstate or foreign commerce.

Herman contends that Noble was offered a movie role in exchange for sex, which makes the encounter akin to forced prostitution.

Weinstein has repeatedly denied all allegations of non-consensual sexual encounters. His lawyers, Phyllis Kupferstein and Mary E. Flynn, argue in their motion to dismiss that even if everything Noble alleges were true, it does not constitute a violation of the sex-trafficking statute.

“There simply was no economic activity in the hotel room in Cannes,” they write. “The Complaint fails to allege that anything of value was given to Plaintiff and deliberately accepted in exchange for any sex act… There is no allegation that Weinstein ‘purchased’ Plaintiff and/or that she was an illegal sex worker or human trafficking victim, whom the statute is designed to protect.”

Weinstein’s lawyers also argue that Herman’s interpretation of the statute would criminalize “the types of sexual encounters that occur regularly, rightly or wrongly, in human interaction.”

“Query whether an individual who treats a person to a free dinner and a movie (an ‘item of value’), and then attempts and/or engages in what he or she construes as consensual sexual activity, could be prosecuted under Section 1591 as a ‘sex trafficker.’ The answer would be ‘no,'” they write. “Is this hypothetical scenario any different than a movie producer agreeing to watch a film reel from an aspiring model-turned-actress, and then actually watching the reel, after which sexual activity ensues? Certainly the statute was not drafted for such broad application and should not be so construed here.”

Weinstein Noble Dismiss by gmaddaus on Scribd

More Biz

  • Daily Show Viacom

    DirecTV, Viacom Avert Blackout After Marathon Negotiation

    DirecTV and Viacom have agreed on a carriage renewal pact covering a raft of Viacom’s cable channels after a marathon negotiation over the weekend. In a joint statement early Monday, the companies said: “We are pleased to announce a renewed Viacom-AT&T contract that includes continued carriage of Viacom services across multiple AT&T platforms and products. [...]

  • Discovery CEO David Zaslav Sees 2018

    Discovery CEO David Zaslav Sees 2018 Compensation Soar to $129.4 Million

    Discovery Inc. president-CEO David Zaslav is once again making headlines for an enormous compensation package. Zaslav’s 2018 compensation soared to $129.44 million in 2018, fueled by stock options and grants awarded as the longtime Discovery chief signed a new employment contract last July that takes him through 2023 at the cable programming group. Zaslav received [...]

  • Jonathan Lamy RIAA

    Jonathan Lamy Stepping Down From RIAA

    Jonathan Lamy, the Recording Industry Association of America’s longtime executive VP of communications and marketing, is stepping down from his post after 17 years, he announced today. As he put it in an email to Variety, “I started back in 2002, which means it’s been 17+ years, four different RIAA CEOs, three format changes and [...]

  • Fox Layoffs

    Disney-21st Fox Layoffs: TV Divisions Brace for Deep Cuts

    A second day of layoffs has begun on the Fox lot in the wake of Disney completing its acquisition of 21st Century Fox on Wednesday. Longtime 20th Century Fox Television Distribution president Mark Kaner is among the senior executives who were formally notified with severance details on Friday morning. 21st Century Fox’s international TV sales [...]

  • anthony pellicano

    Hollywood Fixer Anthony Pellicano Released From Federal Prison

    Anthony Pellicano, the Hollywood private eye whose wiretapping case riveted the industry a decade ago, was released from a federal prison on Friday, a prison spokeswoman confirmed. Pellicano was sentenced in 2008 to 15 years, following his conviction on 78 charges of wiretapping, racketeering, conspiracy and wire fraud. He had been in custody since 2003, [...]

  • This image taken from the Twitter

    HBO’s Reaction to Trump’s ‘Game of Thrones’ Campaign

    Everyone wants a piece of the “Game of Thrones” lemon cake. From Bud Light to Red Bull the world of Westeros is open to a lot of brand partnerships, unless you’re using that iconic typeface to push a political agenda. In November of 2018 President Donald Trump unveiled a “Thrones” inspired poster with the words [...]

  • Leaving Neverland HBO

    'Leaving Neverland' Lawsuit Proves to Be a Judicial Hot Potato

    The Michael Jackson estate sued HBO last month for airing the documentary “Leaving Neverland,” which accuses the late King of Pop of serial child sexual abuse. Since then, the case has had a difficult time finding a judge to handle it. Three federal judges have recused themselves in the last week, citing potential financial conflicts [...]

More From Our Brands

Access exclusive content