Harvey Weinstein's lawyer claims rape accuser and Weinstein had 10-year affair

Harvey Weinstein's attorney said Tuesday that a woman the disgraced producer is charged with raping "had a 10-year consensual sexual relationship" with him.

Defense lawyer Ben Brafman made the claim to a gaggle of reporters after a two-hour closed-door meeting with prosecutors and a judge where he complained that publicity about the case could taint the legal process.

Brafman did not name the accuser and she is not identified in charging documents that say Weinstein raped her in 2013 in a hotel room.

The lawyer called the allegation "absurd."

"This is an extraordinary case in my judgement where the only rape victim that Mr. Weinstein is accused of raping is someone with whom he has had a 10-year consensual sexual relationship — both before and after the alleged incident," he said.

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Harvey Weinstein surrenders on sexual assault charges
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Harvey Weinstein surrenders on sexual assault charges
Film producer Harvey Weinstein arrives at the 1st Precinct in Manhattan in New York, U.S., May 25, 2018. REUTERS/Lucas Jackson
A police officer is seen in front of the 1st Precinct in Manhattan as film producer Harvey Weinstein is expected to arrive, in New York, U.S., May 25, 2018. REUTERS/Lucas Jackson
NEW YORK, NY - MAY 25: Harvey Weinstein departs New York Police Department's First Precinct in handcuffs on May 25, 2018 in New York City. (Photo by Jackson Lee/GC Images)
Film producer Harvey Weinstein, surrenders on sexual assault charges to the New York City Police Department (NYPD) in New York City, U.S., May 25, 2018. REUTERS/Amr Alfiky
Film producer Harvey Weinstein arrives at the 1st Precinct in Manhattan in New York, U.S., May 25, 2018. REUTERS/Mike Segar
Film producer Harvey Weinstein arrives at the 1st Precinct in Manhattan in New York, U.S., May 25, 2018. REUTERS/Mike Segar
NEW YORK, NY - MAY 25: Harvey Weinstein turns himself in to the New York Police Department's First Precinct after be served with criminal charges by the Manhattan District Attorney's office on May 25, 2018 in New York City. The former movie producer faces charges in connection with accusations made by aspiring actress Lucia Evans who has said that Weinstein forced her to perform oral sex on him in his Manhattan office in 2004. Weinstein (66) has been accused by dozens of other women of forcing them into sexual acts using both pressure and threats. The revelations of the his behavior helped to spawn the global #MeToo movement. (Photo by Spencer Platt/Getty Images)
NEW YORK, NY - MAY 25: Harvey Weinstein leaves a New York criminal court after posting bail following his arrest this morning on charges of rape, committing a criminal sex act, sexual abuse and sexual misconduct on May 25, 2018 in New York City. Weinstein's bond was set at $10 million and he will be required to wear a GPS monitoring system. The former movie producer faces charges in connection with accusations made by aspiring actress Lucia Evans who has said that Weinstein forced her to perform oral sex on him in his Manhattan office in 2004. Weinstein (66) has been accused by dozens of other women of forcing them into sexual acts using both pressure and threats. The revelations of the his behavior helped to spawn the global #MeToo movement. (Photo by Spencer Platt/Getty Images)
NEW YORK, NY - MAY 25: Harvey Weinstein turns himself in to the New York Police Department's First Precinct after be served with criminal charges by the Manhattan District Attorney's office on May 25, 2018 in New York City. The former movie producer faces charges in connection with accusations made by aspiring actress Lucia Evans who has said that Weinstein forced her to perform oral sex on him in his Manhattan office in 2004. Weinstein (66) has been accused by dozens of other women of forcing them into sexual acts using both pressure and threats. The revelations of the his behavior helped to spawn the global #MeToo movement. (Photo by Spencer Platt/Getty Images)
NEW YORK, NY - MAY 25: Harvey Weinstein along with his attorney Benjamin Brafman (L) appears at his arraignment in Manhattan Criminal Court on Friday, May 25, 2018. The former movie producer faces charges in connection with accusations made by aspiring actress Lucia Evans who has said that Weinstein forced her to perform oral sex on him in his Manhattan office in 2004. Weinstein (66) has been accused by dozens of other women of forcing them into sexual acts using both pressure and threats. The revelations of the his behavior helped to spawn the global #MeToo movement. (Photo by Steven Hirsch-Pool via Getty Images)
Police officers and members of the media stand in front of the 1st Precinct in Manhattan as film producer Harvey Weinstein is expected to arrive, in New York, U.S., May 25, 2018. REUTERS/Lucas Jackson
Members of the media stand next to the 1st Precinct in Manhattan as film producer Harvey Weinstein is expected to arrive, in New York, U.S., May 25, 2018. REUTERS/Mike Segar
NEW YORK, NY - MAY 25: Harvey Weinstein departs New York Police Department's First Precinct in handcuffs on May 25, 2018 in New York City. (Photo by Jackson Lee/GC Images)
Harvey Weinstein leaves the Manhattan Criminal Court on May 25, 2018 in New York. - Weinstein was arrested and charged Friday with rape and other sex crimes involving two separate women, New York police announced shortly after the fallen Hollywood mogul surrendered to authorities. (Photo by KENA BETANCUR / AFP) (Photo credit should read KENA BETANCUR/AFP/Getty Images)
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The Manhattan District Attorney's office did not immediately respond to a request for comment.

Weinstein is also charged with a criminal sexual act against a different woman, Lucia Evans, who has said he forced her to perform oral sex after luring her to a meeting at his Tribeca office in 2004.

Brafman told reporters outside the Manhattan courthouse that he could not discuss much of what was said in Tuesday's session, which Weinstein did not attend.

But he did complain that publicity about his client's arrest could sway grand jurors and claimed that prosecutors were being pressured to seek an indictment.

"The ability for people to keep an open mind is of concern to me," Brafman said

"Demanding an indictment or prosecution is inappropriate pressure. It is unprecedented," he added. "It troubles me and I want to make those matters known to the court.

"I'm not certain that there's any remedy but I wanted to make clear I was unhappy with those issues."

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Women who have accused Harvey Weinstein of sexual harassment or assault
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Women who have accused Harvey Weinstein of sexual harassment or assault
Kadian Noble, has filed a lawsuit against Harvey Weinstein in New York federal court accusing the movie producer of sex trafficking by inviting her to a hotel room in France and sexually assaulting her.
Paz de la Huerta, who stars on HBO's 'Boardwalk Empire,' claims Harvey Weinstein raped her on two separate occasions in 2010: "I was in no state. I was so terrified of him," she told Vanity Fair. "I did say no, and when he was on top of me, I said, 'I don't want to do this' ... It was disgusting. He's like a pig."
British actress Lysette Anthony has publicly accused Harvey Weinstein of raping her in her home in the late 1980s.
Amber Anderson said Harvey Weinstein 'behaved inappropriately' and bragged about other actresses he had 'helped' in exchange for sexual favors.
Natassia Malthe has accused Weinstein of raping her in a hotel room. On a separate occasion, after she was assured that Weinstein would not come onto her, she was allegedly escorted to Weinstein's hotel room by an assistant. In the room was another woman, who performed oral sex on Weinstein whil he asked Malthe to join.
Lupita Nyong'o wrote a detailed essay for the New York Times recounting multiple incidents with Weinstein, including an evening during which he asked her to give him a nude massage while his family was in the same home.
Marisa Coughlan said that she planned to meet Weinstein for a meeting at his hotel. Instead, he requested a massage.

Heather Graham said Weinstein told her he had an agreement with his wife that allowed him to sleep with whomever he wants. He then asked him to meet her to discuss a film project at his hotel, falsely telling her that her friend would also be present. She declined.

French actress Judith Godreche has accused Weinstein of inappropriately pressing up against her, trying to remove her sweater and asking for a massage.

Lauren Holly said that during a seemingly normal meeting with Weinstein to discuss a project, he began disrobing, got into the shower, and went to the bathroom while continuing to converse with her. He then allegedly asked her for a massage. She fled. 
Angie Everhart said that she was sleeping in her own cabin on a yacht when Harvey Weinstein entered, blocked the door and began masturbating. He told her not to tell anyone, but she "told everyone," including many actors and producers. In response, most told her that it was just Harvey being Harvey. In an interview with TMZ, she emphasized that anyone in the industry who knew Harvey at all knew that he regularly did things like what he allegedly did to her.
Kate Beckinsale has accused Harvey Weinstein of coming onto her in his hotel room when she was 17 years old.
Tara Subkoff said that in the 1990s, on the same day that she was offered a major movie role, she met Harvey Weinstein at a party. He allegedly made her sit on his lap while he had an erection. He then told her that if he did not do certain sexual things, she would not get the role that she'd already been offered. She declined. Afterward, she said, her "reputation was ruined by false gossip" and she found it near impossible to book roles.
Minka Kelly said that Harvey Weinstein offered her a lavish lifestyle in exchange for being his extramarital girlfriend. She declined.
Gwyneth Paltrow told the New York Times that Harvey Weinstein asked her for a massage in his hotel suite. After she told then-boyfriend Brad Pitt, Pitt confronted him, leading Weinstein to contact Paltrow and "scream" at her, she said.
Asia Argento has accused Weinstein of raping her in his hotel room when she was 21. She first reluctantly agreed to give him a massage, and then he forcibly performed oral sex on her. During subsequent encounters, she had consensual sexual relations with him due to fear that he would otherwise ruin her career.
Rose McGowan has publicly accused Harvey Weinstein of rape. In October 2016, she tweeted reference to a studio head raping her. In October 2017, in a tweet to Amazon chief Jeff Bezos, McGowan referred to Weinstein by name while repeating her rape accusation. The alleged incident took place in the 1990s and resulted in a financial settlement.
Cara Delevingne has accused Harvey Weinstein of attempting to coerce her into kissing another woman in his hotel room. She had just begun her acting career and believed they were meeting just to finalize talks for a film role.
Angelina Jolie said she had a "bad experience with Harvey Weinstein in my youth" and refused to work with him subsequently.
Jessica Barth has accused Harvey Weinstein of demanding that she get naked and give him a massage.
Emma de Caunes has accused Harvey Weinstein of unexpectedly getting naked and demanding that she lie down as other women had supposedly done before her.
Lauren Sivan has accused Harvey Weinstein of cornering her in a public space and masturbating to completion in front of her.
Mira Sorvino, seen here at a Weinstein Co. event in January 2017, said that after refusing Harvey Weinstein's advances, he dissuaded others in the industry from hiring her.
Ambra Battilana has accused Harvey Weinstein of groping her breasts and reaching under her skirt. She went to the NYPD and then conducted a sting operation, the audio of which was published by the New Yorker. In the audio, Weinstein can be heard attempting to coerce her to enter his hotel room.
Louisette Geiss has accused Harvey Weinstein of luring her to his hotel room after assuring her he wouldn't hit on her. He then disrobed and repeatedly asked her to watch him masturbate, telling her he would produce her screenplay if she did.
Emily Nestor (far right), a former Weinstein Co. employee, has accused Harvey Weinstein of sexual harassment.
Rosanna Arquette has accused Harvey Weinstein of dissuading others from hiring her after she rejected his sexual advances.
Rose McGowan has publicly accused Weinstein of sexual harassment. She has also accused others in the industry of knowing of Weinstein's misconduct and either actively or passively hiding it.
Ashley Judd has publicly accused Harvey Weinstein of asking her for a massage and then asking her to watch him shower.
Florence Darel has accused Harvey Weinstein of coming onto her in a hotel suite in 1996 while his wife was in the room next door.
Zoe Brock (left, in 2004) has accused Weinstein of getting naked and chasing her around a hotel room after she refused to give him a massage.
Katherine Kendall (right, in 2006) has accused Harvey Weinstein of disrobing and asking for a massage in his apartment after a movie screening, telling her that "everybody does it." He then asked her to at least show him her breasts, which she refused.
Romola Garai has accused Harvey Weinstein of making her feel "violated" when he watched her audition wearing only a bathrobe in his hotel room.
Lea Seydoux has accused Harvey Weinstein of forcibly trying to kiss her on the lips in 2012.
Claire Forlani said she "escaped" Harvey Weinstein on five occasions. He allegedly told her about all the actresses he had slept with and how he had in turn established their careers. He also attempted to get her to give him a massage.
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Weinstein surrendered to police. He is free on $1 million bail, but must wear an ankle monitor and stay in New York or Connecticut unless he gets permission from the court to leave.

Brafman has said Weinstein plans to plead not guilty. He has until Wednesday to decide whether to testify in his own defense before the grand jury that will be asked to indict him.

Even before Tuesday, Brafman had given a preview of a possible defense strategy, telling reporters after last week's arraignment that Weinstein "did not invent the casting couch in Hollywood."

"Bad behavior is not on trial in this case," he said.

Other women who say Weinstein mistreated or molested them — including a string of Hollywood actresses — have welcomed his arrest but criticized his release on bail — which prosecutors agreed to.

"If there was truly 'equal justice under the law,' Harvey Weinstein would be behind bars in Rikers today, waiting for his own day in court, not free to roam New York, his other hunting ground, wearing an ankle bracelet," Annabella Sciorra wrote on Twitter.

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