Harvey Weinstein’s New York conviction was overturned, forcing survivors to relive abuse—again

Good morning, Broadsheet readers! Kim Kardashian joined Vice President Kamala Harris to discuss criminal justice reform, fertility rates in the U.S. hit a record low in 2023, and survivors contend with the reversal of Harvey Weinstein's New York conviction. Have a restorative weekend.

- Not over yet. Harvey Weinstein's conviction in 2020 of first-degree criminal sexual act and third-degree rape in New York was a critical victory for #MeToo. The man whose decades of serial abuse led to a long-overdue movement was sentenced to 23 years behind bars—likely the rest of the now-72-year-old's life.

But the New York Court of Appeals yesterday morning overturned that conviction, saying that the testimony of three women who said they were assaulted by Weinstein in incidents that were not on trial should not have been permitted. The women were "prior bad acts" witnesses allowed under New York's Molineux rule, meant to show patterns of behavior.

Weinstein, who was later convicted on similar charges in Los Angeles and sentenced to 16 years, will remain in prison. (Weinstein's team is appealing that verdict too.)

The decision sent shockwaves through communities of sexual assault survivors, including the dozens who have said they were abused by the former Hollywood producer. The women who have been hurt by his actions now will have to relive that trauma yet again, from another cycle of headlines to the few who may testify in court a second time.

"Preparing for the trial took two years of my life. I had to relive the trauma of the assault every day," Dawn Dunning, one of the three prior bad acts witnesses, told CNN. "But since today’s ruling, people have asked me if I regret having testified. And my answer is a resounding no."

Ashley Judd, one of the first people to recount her abuse by Weinstein publicly, called the decision a form of "institutional betrayal." Jennifer Siebel Newsom, the first partner of California who accused Weinstein of rape and testified in the Los Angeles trial, called the decision a "sad day for countless women who suffered at the hands of a serial predator." Attorney Elizabeth Fegan, who represented Siebel Newsom and other accusers, pointed out to CNN that some called the Los Angeles trial "superfluous" after the New York verdict. "But now we realize how important it was," she said.

Weinstein's defense attorney said that the now-rejected witnesses testified to Weinstein's "character, not the evidence," and a spokesperson said Weinstein's team was "cautiously optimistic" about Thursday's decision. The Manhattan District Attorney’s Office plans to retry the case.

Weinstein's conviction was a rare victory women's rights advocates could point to in an environment in which it feels like women's rights are under attack every day. There was at least one bright spot on Thursday: While Weinstein's conviction was overturned yesterday, a federal judge upheld E. Jean Carroll's $83.3 million victory in her defamation case against Donald Trump and denied the former president's request for a new trial.

Emma Hinchliffe
emma.hinchliffe@fortune.com

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