Weinstein Sentenced to 16 Years Over Rape, Sexual Assault Conviction in LA Case

Weinstein Sentenced to 16 Years Over Rape, Sexual Assault Conviction in LA Case
Former film producer Harvey Weinstein appears in court at the Clara Shortridge Foltz Criminal Justice Center in Los Angeles on Oct. 4, 2022. (Etienne Laurent/Pool via Reuters)
Mimi Nguyen Ly
2/23/2023
Updated:
2/24/2023
0:00
Former film producer and convicted rapist Harvey Weinstein has been sentenced to 16 years in prison after he was convicted of rape in late 2022 over an incident in Los Angeles in 2013.

The sentencing on Thursday comes as part of a second round of criminal convictions for the 70-year-old Weinstein, who produced multiple successful films and co-founded of Miramax Films, a movie production and distribution house.

Weinstein’s first round of convictions was in February 2020, when he was found guilty of rape and sexual assault in New York, for which he is serving a 23-year prison sentence. He is eligible for parole in New York in 2039. New York’s highest court in August 2022 agreed to hear his appeal over the convictions there.
The second round of convictions came in Los Angeles jury in December 2022 when a jury found Weinstein guilty of one count of rape and two counts of sexual assault involving a former model and actress known as Jane Doe 1, who was victim to the crimes that took place at a Los Angeles hotel in February 2013.

Los Angeles Superior Court Judge Lisa Lench, who had rejected a motion by Weinstein’s lawyers for a new trial over the Los Angeles case, on Thursday sentenced Weinstein to 16 years for his crimes.

Prosecutors had called for a “high-term” penalty of 24 years because of the prior conviction in New York, rather than a “mid-term” sentence of 18 years that California law would otherwise prescribe, absent additional “aggravating” factors.

Weinstein is set to serve the 16-year sentence after completing his 23-year prison sentence in New York.

Weinstein Pleaded Not Guilty

In July 2021, Weinstein pleaded not guilty in the Los Angeles case. At the time, he said that all of his sexual encounters were consensual.

At his sentencing on Thursday, Weinstein directly appealed to the judge, saying: “I maintain that I’m innocent. I never raped or sexually assaulted Jane Doe 1.”

The woman, Jane Doe 1, who Weinstein was convicted of raping, sobbed in the courtroom. She told the judge of her pain after being attacked by Weinstein.

“Before that night I was a very happy and confident woman. I valued myself and the relationship I had with God,” she said. “I was excited about my future. Everything changed after the defendant brutally assaulted me. There is no prison sentence long enough to undo the damage.”

But Weinstein said he had never met Jane Doe 1. He told the judge: “This is a made up story. Jane Doe 1 is an actress. She can turn the tears on ... Please don’t sentence me to life in prison. I don’t deserve it. There are so many things wrong with this case.”

Weinstein’s attorneys had requested a sentence of three years for each count, and have the sentences run simultaneously.

Defense lawyer Mark Werksman cited Weinstein’s age and very poor health, suggesting that a long sentence would make it unlikely Weinstein would ever see his five children outside of prison. Werksman also told Lench that Weinstein “did a lot of good for a lot of people in a 50 year career ... he was a man that many famous movie stars would thank in their Oscar speeches.”

Text Messages

Weinstein’s lawyers told the judge she was wrong to have excluded from evidence messages showing that Jane Doe 1 had had a sexual relationship with Pascal Videcomini, the director of the film festival she was visiting during the alleged rape by Weinstein.

Alan Jackson, one of Weinstein’s defense lawyers, said the team would have used the messages to show that the Jane Doe 1 perjured herself and damaged her credibility when she testified that she and Videcomini were merely friends and colleagues. Jackson asserted that in this instance, rape shield laws excluding the sexual history of a victim were not relevant.

“If the jury had known that Jane Doe 1 and Pascal were intimately involved, they never would have bought the story that was told,” Jackson said. “We know they wouldn’t have bought it. Because some of them have said so.”

Two of the jurors, who only gave their first names Michael and Jay, told reporters outside the courtroom that they were not there to advocate for either side, but said hearing about the text messages might have changed deliberations.

The Los Angeles criminal case had charged Weinstein with seven counts of rape and sexual assault involving four women over separate incidents between 2004 and 2013.

The jury in December 2022, besides having convicted Weinstein of one count of rape and two counts of sexual assault, acquitted him of a sexual battery charge, and declared a mistrial on other charges from two other accusers on which they couldn’t reach a decision.

One of the two accusers was Jennifer Siebel Newsom, a documentary filmmaker who is the wife of California’s Democratic governor Gavin Newsom. She was known as Jane Doe 4 in the trial. She had testified of being raped by Weinstein in a hotel room in 2005.

The Associated Press and Reuters contributed to this report.