Explained: Harvey Weinstein's trial

The trial a high-profile #MeToo case, will also measure the movement's impact

weinstein-court-ap Harvey Weinstein, left, arrives with his lawyer Benjamin Brahman for his arraignment at Manhattan's Criminal Court in New York | AP

Ever since Alyssa Milano sparked the MeToo movement with a hashtag, recounting how she was sexually abused by movie mogul Harvey Weinstein, more than 80 women, including known names like Gwyneth Paltrow and Angelina Jolie have accused him of sexual misconduct. 

On Wednesday's trial, Harvey Weinstein's defence team hit back when persecutors called him is a "seasoned" sexual predator and rapist who abused his power as a movie-producing titan to prey on vulnerable aspiring actresses as his trial got into full swing. The defence team said that the fallen film producer engaged in consensual relationships with his accusers, including a "loving one" where the woman referred to Weinstein as "her casual boyfriend."

As Weinstein inches closer to justice, here's a closer look into what went on with the numerous accusations he is currently fighting.

Many of the alleged crimes Weinstein is being accused of, fall outside the time-frame for bringing charges.

When it all began

Events leading him up to trial began in October 2017 when stories, those including sexual abuse of actors like Rose McGowan and Ashley Judd were published in media reports along with reports that he made women massage him or watch him naked. And that in return for sexual favours, he would further their career in showbiz. 

The story was first broken by three journalists Ronan Farrow, Meghan Twohey and Jodi Kantor, all of whom won the Pulitzer prize in 2018. Ronan Farrow was one of the journalists who came under Weinstein's radar, while Farrow was trying to break the story of the sexual predator Weinstein is. The Israeli intelligence agency, Black Cube is known to have covered up the Weinstein scandal.  Farrow has also written a book to this effect called Catch and Kill, wherein he talks about how he probed into the firm and the disgraced film producer.   

Farrow had been pursuing the story for over a year, talking to multiple women— Weinstein's victims. However, the television network he was working for, was not behind him to reveal the dark open secret. 

Later, Farrow got to know that it was Weinstein and not NBC, that was asking him to put a pause on him pursuing the story. The Israeli spy group sent undercover agents to try and meet with Farrow to solicit information about his project. The group were also infiltrating the lives of the women who were confessing about Weinstein to farrow. One agent successfully gained the confidence of Rose McGowan— one of Weinstein's victims, got a copy of her memoir before it was published and delivered the manuscript directly to Harvey Weinstein. 

On October 8, in light of information about sexual misconduct, Harvey Weinstein was sacked by the board of his company, with immediate effect. 

Actor Asia Argento and a former aspiring actor Lucia Stoller said that Weinstein forced himself on them sexually. Actor Mira Sorvino, who has acted in numerous movies produced by Weinstein's company told The New Yorker that he forced her to have a physical relationship with him.

What is happening now

Wednesday's hearing started with Judge James Burke reminding the 12-member jury and six alternates that a decision must be reached on basis of the evidence they hear in court and must not discuss the trial with anyone outside.

The trial that began on January 7, is taking place in New York and Weinstein is being charged with five felony charges, two counts of predatory sexual assault, one count of a criminal sexual act in the first degree, one count of first-degree rape, and one count of third-degree rape. Of these, he is being charged with rape, criminal sex act, sex abuse, and sexual misconduct involving two separate women, dating back to 2004 and 2013. 

On December 12, as per reports, Harvey Weinstein and his former film studio’s board have reached a tentative $25 million settlement with more than 30 women who have accused him of sexual misconduct from molestation to rape. 

The women who include actors and former Weinstein employees had agreed to the deal. The deal still has to be signed off.

There are at least dozens of lawsuits filed against Weinstein, who is being represented by lawyers Donna Rotunno, Damon Cheronis, Arthur Aidala, and Diana Samson, including four charges of sexual assault filed by Los Angeles County District Attorney’s office on January 20. 

In February 2018, after more women spoke up of being sexually abused by Harvey Weinstein, Bafta formally terminated his membership.

In January 2019, Actor Ashley Judd's lawsuit accusing Weinstein of sexual harassment was dismissed by a Los Angeles federal court. The judge ruled that the allegations did not fall within the scope of the statute she sued under. Judd's accusation of Weinstein making sexual advances at her and that he blackballed her when she refused his advances would still be heard, the judge said.

At Wednesday's trial, woman, who says Weinstein raped her in a New York hotel room in 2013, was identified for the first time in court as actress Jessica Mann, who had previously remained anonymous.

Predator who bullied and manipulated several women 

At the trial on January 22, New York Assistant District Attorney Meghan Hast painted a picture of a 300-pound bully who violently raped, humiliated and manipulated several women, leaving them traumatized for years.

“It will be clear throughout this trial that the defendant knew he was preying on the naive and the defenceless,” Hast told the court in the prosecution's opening arguments, saying many of his victims had come from broken homes.

Defence attorney Damon Cheronis team said it was “untrue” and “quite the contrary” to call Weinstein a predator.

Hast said Weinstein raped The Sopranos actress Annabella Sciorra in the winter of 1993-94 after a pursuit which included him introducing her to the drug valium. Sciorra, in a trial on January 23, confirmed the same. 

The attorney said Weinstein left former production assistant Mimi Haleyi lying “motionless like a dead fish” after forcibly assaulting her in his New York apartment in July 2006. Hast also accused Weinstein of treating actress Jessica Mann like a "rag doll" when he raped her in her hotel room in March 2013.

If convicted of predatory sexual charges related to Haleyi and Mann, 67-year-old Weinstein faces life in prison.

Defence attorney Cheronis said emails and other correspondence between Mann and Weinstein show that they were “actually in a loving relationship”.

A year after the alleged assault took place, Mann wrote “Miss you big guy!” in an email to Weinstein and another which said “Thank you for your unfailing support and kindness,” Cheronis said.

Previously unknown allegations of three women who will testify to convince the jury that Weinstein engaged in a pattern of predatory sexual behaviour was laid out by the prosecution.

One alleges that Weinstein raped her. Another says he grabbed her vagina and the third says he masturbated in front of her.

The trial will be the most high-profile #MeToo case so far and will measure the impact of the movement. Through the course of the years, Weinstein's victims have tried to overcome severe trauma and struggled to get closure. Many of them have spent a lot of money on therapy. 

And yet, Weinstein in an interview to the New York Post last year said, “I made more movies directed by women and about women than any filmmaker, and I’m talking about 30 years ago. I’m not talking about now when it’s vogue. I did it first! I pioneered it!” “It all got eviscerated because of what happened,’’ Weinstein added. “My work has been forgotten.’’