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Weinstein’s Lawyer Says Accusers Had a Choice in Sexual Encounters Weinstein’s Lawyer Says Accusers Had a Choice in Sexual Encounters
(32 minutes later)
A lawyer for Harvey Weinstein told the jury during closing arguments at his rape trial on Thursday that Mr. Weinstein was the victim of an “overzealous prosecution” and seemed to blame the women who came forward to accuse him of sexual assault for not taking responsibility for their own behavior. A lawyer for Harvey Weinstein told jurors on Thursday that Mr. Weinstein was the victim of an “overzealous prosecution” and that prosecutors were creating an alternative world in which women are not responsible for their own behavior.
The lawyer, Donna Rotunno, opened her remarks by assailing prosecutors from the Manhattan’s district attorney’s office for weaving “a sinister tale” during the trial, one that depicted Mr. Weinstein as a villain and his accusers as innocent victims, devoid of both “autonomy” and “common sense.” She argued that his accusers had, in fact, made choices and engaged in consensual and often transactional relationships with him. The lawyer, Donna Rotunno, said that “women have choices” and that Mr. Weinstein’s accusers had engaged in consensual and often transactional relationships with Mr. Weinstein to advance their own careers.
“In their universe,” Ms. Rotunno said, “women are not responsible for the parties they attend, the men they flirt with, the hotel room invitations, the plane tickets they expect, the jobs they hope to obtain. Ms. Rotunno said prosecutors from the Manhattan district attorney’s office — acting like moviemakers — had woven “a sinister tale” during Mr. Weinstein’s rape trial, depicting him as a monster and his accusers as innocent, passive victims.
“They aren’t even responsible for sitting at their computers and sending an email across the country,” she added. “In this script, the powerful man is so unattractive and large that no woman would ever want to sleep with him voluntarily.” “They are creating a universe in which they’re stripping adult women of common sense, autonomy and responsibility,” she said. “In their universe, women are not responsible for the parties they attend, the men they flirt with, the choices they make to further their own careers, the hotel room invitations and the plane tickets they accept.”
Ms. Rotunno’s arguments came as the monthlong trial was winding down. She implored the jury not to give in to public pressure, but to focus on the facts that were presented. Ms. Rotunno’s arguments came as the trial was winding down. She implored the jury not to give in to public pressure, but to focus on the facts that were presented.
“You don’t have to like Mr. Weinstein — this is not a popularity contest,” Ms. Rotunno said, adding moments later: “If you look at the evidence alone, they lose.” “You don’t have to like Mr. Weinstein — this is not a popularity contest. But you have to remember that we are not here to criminalize morality,” Ms. Rotunno said, adding moments later: “If you look at the evidence alone, they lose.”
Mr. Weinstein, 67, a former powerhouse producer in Hollywood who made the films “Pulp Fiction” and “Shakespeare in Love,” has been on trial in State Supreme Court in Manhattan for the last month. Mr. Weinstein, 67, a former powerhouse producer in Hollywood who made the films “Pulp Fiction” and “Shakespeare in Love,” has been on trial in State Supreme Court for the past month.
The trial is widely seen as a watershed moment for the #MeToo movement, which gained momentum in 2017 after Mr. Weinstein was publicly accused of assaulting and harassing numerous women. He has pleaded not guilty to five felony charges, including rape, criminal sexual assault and predatory sexual assault. If convicted on the predatory assault charge, he would face up to life in prison.The trial is widely seen as a watershed moment for the #MeToo movement, which gained momentum in 2017 after Mr. Weinstein was publicly accused of assaulting and harassing numerous women. He has pleaded not guilty to five felony charges, including rape, criminal sexual assault and predatory sexual assault. If convicted on the predatory assault charge, he would face up to life in prison.
In all, six women took the stand during the trial and testified that Mr. Weinstein sexually assaulted them, though he faces charges based on the allegations of only two of them: Jessica Mann, a former actress who said he raped her in 2013, and Miriam Haley, a former production assistant who said he forced oral sex on her in 2006. In all, six women took the stand and testified that Mr. Weinstein sexually assaulted them, though he faces charges based on the allegations of only two of them: Jessica Mann, a former actress who said he raped her in 2013, and Miriam Haley, a former production assistant who said he forced oral sex on her in 2006.
The presiding judge, Justice James M. Burke, has allowed the other women to testify about their own encounters so that prosecutors can establish a pattern of behavior, even though their allegations are too old to be charged as crimes under New York State law. The actress Annabella Sciorra, for instance, took the stand under the legal theory that her testimony would support the charges of predatory sexual assault.The presiding judge, Justice James M. Burke, has allowed the other women to testify about their own encounters so that prosecutors can establish a pattern of behavior, even though their allegations are too old to be charged as crimes under New York State law. The actress Annabella Sciorra, for instance, took the stand under the legal theory that her testimony would support the charges of predatory sexual assault.
In the early part of her remarks to the jury, Ms. Rotunno focused on Ms. Haley, suggesting she had used Mr. Weinstein to further her career and kept in touch with him through seemingly friendly emails well after she said he had attacked them. In the early part of her remarks to the jury, Ms. Rotunno focused on Ms. Haley, suggesting she had used Mr. Weinstein to further her career and had kept in touch with him through seemingly friendly emails well after she said he had attacked them.
“She was using him for jobs,” Ms. Rotunno said.“She was using him for jobs,” Ms. Rotunno said.
Ms. Rotunno also suggested that Ms. Haley’s relationship with Mr. Weinstein was something close to a romance. “They have to label it as a professional relationship because if they labeled it as what it was, we wouldn’t be here,” she said of the prosecution.Ms. Rotunno also suggested that Ms. Haley’s relationship with Mr. Weinstein was something close to a romance. “They have to label it as a professional relationship because if they labeled it as what it was, we wouldn’t be here,” she said of the prosecution.
Ms. Rotunno then went on to argue that what Ms. Mann had described as a rape by Mr. Weinstein was in reality a consensual encounter. She insinuated that Ms. Mann herself was responsible for what had happened. Ms. Rotunno then went on to argue that what Ms. Mann had described as a rape by Mr. Weinstein was a consensual encounter. She insinuated that Ms. Mann herself was responsible for what had happened.
Ms. Mann, Ms. Rotunno said, went willingly to Mr. Weinstein’s hotel room, got undressed and laid down on his bed. She never tried to stop Mr. Weinstein or push him away, and after the encounter, the lawyer said, she went to brunch.Ms. Mann, Ms. Rotunno said, went willingly to Mr. Weinstein’s hotel room, got undressed and laid down on his bed. She never tried to stop Mr. Weinstein or push him away, and after the encounter, the lawyer said, she went to brunch.
“This is not rape,” Ms. Rotunno said. “This is not sexual assault. This is someone who agrees to do what had been discussed.”“This is not rape,” Ms. Rotunno said. “This is not sexual assault. This is someone who agrees to do what had been discussed.”
Ms. Rotunno highlighted dozens of friendly and sometimes flirtatious emails Ms. Mann had sent to Mr. Weinstein from 2013 to 2017. In one email, after the alleged rape, she told Mr. Weinstein that he must see her. In another, she asked him for sponsorship into an exclusive club.
Each time Ms. Mann got a new telephone number, Ms. Rotunno said, she made sure Mr. Weinstein had it
“How do you reconcile five or six times she says, ‘Oh, here’s my new number,’” Ms. Rotunno said.
Years later, in an email in 2017, Ms. Mann expressed interest in pursuing criminal charges against Mr. Weinstein and acknowledged that the statute of limitations had ended for civil litigation in California.
Prosecutors will present closing remarks on Friday. The jury of seven men and five women will begin deliberating on Tuesday.Prosecutors will present closing remarks on Friday. The jury of seven men and five women will begin deliberating on Tuesday.