California Appeals Court Upholds Weinstein Rape Conviction but Orders Resentencing

A California appeals court on Friday upheld Harvey Weinstein’s 2022 conviction on one count of rape and two counts of sexual assault but ordered the trial judge to resentence him. The unanimous ruling from a three-judge panel of the state’s 2nd District Court of Appeal leaves the guilty verdicts intact while directing a new sentencing hearing.

Background on the California case Weinstein, 74, was convicted in December 2022 of the charges involving an Italian model and actor identified during trial as Jane Doe 1. He received a 16-year prison term. His lawyers argued on appeal that the trial judge improperly limited testimony from the head of a film festival, claiming the restriction prevented the defense from presenting evidence that could have affected the outcome.

The accuser in that case said she could not bear to testify again. Weinstein remains convicted of a separate sexual felony in New York and is scheduled for sentencing there in September, where prosecutors are seeking a 20-year term.

“We are disappointed by today’s decision and respectfully disagree with the Court of Appeal’s conclusions regarding the fairness of Mr. Weinstein’s trial. At the same time, the court correctly recognized that his sentence cannot stand.”