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Harvey Weinstein Convicted on Three Charges of Rape and Sexual Assault

Harvey Weinstein massage therapist
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Harvey Weinstein was convicted Monday on three charges of rape and sexual assault.

But in a split verdict, the jury acquitted him of one other charge and could not reach a unanimous verdict on three other counts.

The jury convicted Weinstein of raping an Italian model, identified at the trial as Jane Doe #1, at the Mr. C hotel in February 2013.

The jury acquitted him of the felony sexual battery of a massage therapist, identified as Jane Doe #3. And they were split on charges involving two other accusers — Jennifer Siebel Newsom and Lauren Young. The jurors voted 10-2 to convict him on a charge of sexual battery against Young; and 8-4 in favor of conviction on charges of rape and forcible oral copulation of Siebel Newsom.

Judge Lisa B. Lench declared a mistrial on the three charges on which the jury was deadlocked. District Attorney George Gascón said the office would decide later whether to retry Weinstein on those counts.

Weinstein was seated in the courtroom in a gray suit and showed no obvious reaction when the verdict was read. Attorneys Gloria Allred and Beth Fegan, who represent many of his accusers, were in the audience.

In a statement, Jane Doe #1 thanked the prosecution for “believing in me and fighting so hard for all the victims, including me, in the trial.”

“Harvey Weinstein forever destroyed a part of me that night in 2013 and I will never get that back,” she said. “The criminal trial was brutal and Weinstein’s lawyers put me through hell on the witness stand, but I knew I had to see this through to the end, and I did… I hope Weinstein never sees the outside of a prison cell during his lifetime.”

Weinstein faces a maximum sentence of 18 to 24 years in prison on the charges on which he was found guilty — forcible rape, forcible oral copulation, and penetration by a foreign object.

The jury’s work is not done, as it will have to return to court on Tuesday morning to hear arguments over “aggravating factors,” which will influence Weinstein’s sentence.

Weinstein’s attorneys declined to comment outside court, as the case is still pending. No sentencing date has been set.

After acquitting Weinstein of Count 5 — the sexual battery of the massage therapist — the jurors were asked to consider the misdemeanor version of the same offense. The jury split 10-2 in favor of convicting him of the misdemeanor count. Had he been convicted of the misdemeanor, the charge would have been thrown out due to the statute of limitations.

The jury began deliberating on Dec. 2, and their deliberations lasted approximately 40 hours, spread across 10 days.

The former Hollywood titan was tried on seven charges in total: two counts of forcible rape, two counts of sexual battery by restraint, two counts of forcible oral copulation, and one count of penetration by a foreign object.

The four accusers alleged that Weinstein sexually assaulted them in hotel rooms in Los Angeles and Beverly Hills between 2005 and 2013. Had he been convicted on all charges, Weinstein would have faced as much as 60 years to life.

Weinstein, 70, is already serving a 23-year sentence after being convicted of rape and sexual assault during his first criminal trial in New York in 2020.

The New York Court of Appeals, which is the highest court in the state, is set to hear the appeal of that conviction next year.

Weinstein has been held since July 2021 within the Twin Towers Correctional Facility in downtown Los Angeles, after being extradited from New York. He has been confined to a wheelchair and suffers from a wide array of medical issues, including diabetes, sleep apnea, cardiac problems and eye problems.

Siebel Newsom, the wife of California Gov. Gavin Newsom, alleged that Weinstein raped her in 2005, after she arrived for what she thought was a business meeting.

“Harvey Weinstein will never be able to rape another woman,” Siebel Newsom said in a statement. “He will spend the rest of his life behind bars where he belongs. Harvey Weinstein is a serial predator and what he did was rape. Throughout the trial, Weinstein’s lawyers used sexism, misogyny, and bullying tactics to intimidate, demean, and ridicule us survivors. This trial was a stark reminder that we as a society have work to do. To all survivors out there – I see you, I hear you, and I stand with you.”

Gov. Newsom also issued a statement, saying he is “so incredibly proud of my wife and all the brave women who came forward to share their truth and uplift countless survivors who cannot.”

“Their strength, courage and conviction is a powerful example and inspiration to all of us,” Newsom continued. “We must keep fighting to ensure that survivors are supported and that their voices are heard.”

The prosecution also called four “prior bad acts” witnesses to support the charged allegations, including Ambra Battilana Gutierrez, the Italian model who was the center of a NYPD sting operation against Weinstein in 2015.

The prosecution described Weinstein as a “predator” in closing arguments, and urged the jury to end his “reign of terror.”

His defense team countered that the accusers engaged in “transactional” relationships with the producer because of his power in the entertainment industry. “They played the game,” said Weinstein’s defense attorney Alan Jackson. “They hate it now, unequivocally, and that hate translated into their testimony.”

Weinstein has been accused of sexual harassment, assault or rape by more than 100 women who have publicly come forward over the past five years.

In a statement, Gascón said he was “disappointed” that the jury split on some of the counts. He thanked the accusers for coming forward and for subjecting themselves to cross-examination.

“I stand in awe of their fearlessness,” Gascón said. “They deserve better than what the system has given them.”