Will Harvey Weinstein be released from jail after a rape conviction was overturned?

Harvey Weinstein, the convicted rapist Hollywood producer, has some reprieve from the law after one of his rape conviction was overturned in the New York Court of Appeal.

The appeals court found that the trial judge allowed testimony from accusers who hadn’t pressed charges against Weinstein. This type of testimony, called “prior bad acts,” is generally restricted to prevent prejudice against the defendant. The court ruled that including this testimony unfairly influenced the jury.

“The only evidence against defendant was the complainants’ testimony, and the result of the court’s rulings, on the one hand, was to bolster their credibility and diminish defendant’s character before the jury,” the decision read. “On the other hand, the threat of a cross-examination highlighting these untested allegations undermined defendant’s right to testify.”

The case will thus be heard again in the future. However, this overturned conviction does not mean he will be released from prison.

Weinstein has a separate sentence for rape and sexual assault convictions. In 2022, a Los Angeles court sentenced him to an additional 16 years in prison. Should he be convicted again in the New York case it will be highly probable he will remain in prison for the rest of his life.

Who is Harvey Weinstein?

Weinstein co-founded production company Miramax, producing hits like Pulp Fiction. But in 2017, actresses and others accused him of sexual assault and harassment. This ignited the #MeToo movement.