A California appeals court has unanimously upheld the 2022 rape and sexual assault conviction of former film producer Harvey Weinstein, while simultaneously ordering a resentencing. The three-judge panel from California’s Second District Court of Appeal ruled that the trial judge did not violate Weinstein’s constitutional rights, rejecting the defense’s attempts to overturn the jury’s guilty verdicts. However, the court determined that a new sentencing hearing is required because the original 16-year prison term had factored in New York convictions that were subsequently overturned.
Weinstein’s defense team had argued for a new trial, claiming that Los Angeles Superior Court Judge Lisa B. Lench unfairly restricted them from cross-examining the victim, Evgeniya Chernyshova, about specific Facebook messages to impeach her credibility. The appellate panel rejected this argument, stating that the defense successfully presented its core arguments using other admitted evidence. Additionally, the judges ruled that the defense failed to comply with California’s rape shield law and that testimony regarding uncharged sexual assaults was permissible under state law.
The ruling arrives amid shifting legal developments for the 74-year-old former mogul across multiple jurisdictions. Just one day prior, prosecutors in New York decided not to pursue a retrial on separate charges after the accuser declined to testify again. Nevertheless, Weinstein remains incarcerated as he awaits a September sentencing in New York for another sexual felony conviction, where prosecutors are seeking a 20-year sentence. Any term imposed in California would be served consecutively after his New York sentence is completed.
Following the decision, representatives from both sides expressed contrasting views on the outcome. A spokesperson for Weinstein voiced disappointment regarding the conviction’s validation but welcomed the resentencing order, noting plans to appeal the case to the California Supreme Court. Conversely, an attorney representing Chernyshova commended the appellate court and prosecutors for their efforts, stating that his client had persevered for years to ensure accountability.
