LEGAL ANALYSIS: There is More Than Enough to Charge Harvey Weinstein With a Crime

lawnewz.com | 10/10/2017 | Rachel Stockman
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New and even more horrific allegations have emerged accusing Harvey Weinstein of forcibly raping several women. The bombshell New Yorker piece written by Ronan Farrow has an equally troubling detail: It appears that the New York Police Department and the Manhattan District Attorney’s Office majorly dropped the ball by failing to press charges against Weinstein. Multiple legal analysts, including several former New York prosecutors, told LawNewz that prosecutors had more than sufficient evidence to charge movie mogul Weinstein back in 2015.

What’s the evidence/allegations? A beauty finalist, Ambra Battilana Guiterrez, met Weinstein at a reception, and after an in-house meeting she told investigators with the New York Police Department Special Victims Unit that he “lunged at her, groping her breasts and attempting to put a hand up her skirt while she protested.” The police set up Guiterrez with a wire, and Weinstein proceeded to admit that he sexually abused her. Here’s how the conversation went (all caught on the wire!):

Exchange - Gutierrez - Downstairs - Day

In an increasingly tense exchange, he presses her to enter. Gutierrez says, “I don’t want to,” “I want to leave,” and “I want to go downstairs.” She asks him directly why he groped her breasts the day before.

“Oh, please, I’m sorry, just come on in,” Weinstein says. “I’m used to that. Come on. Please.”

Gutierrez

“You’re used to that?” Gutierrez asks, sounding incredulous.

“Yes,” Weinstein says. He later adds, “I won’t do it again.”

Minutes - Back-and-forth - Hallway - Weinstein - Leave

After almost two minutes of back-and-forth in the hallway, Weinstein finally agrees to let her leave.

By stating that he “won’t do it again,” of course, Mr. Weinstein appears to be admitting to the crime. What crime?

Wire - Tap - Complainant - Statements - Actions

“Even without the wire tap, the complainant’s statements alone as to the actions of Weinstein provided enough evidence to go forward with at least two separate offenses: forcible touching and sexual abuse in the third degree,” criminal...
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