A New York judge has denied Harvey Weinstein’s petition to dismiss predatory sexual assault charges, before the former Hollywood producer’s trial in January.
The decision released on Wednesday by Justice James Burke of this State Supreme Court in Manhattan is a victory for prosecutors who have charged Weinstein together with five gender offenses, such as rape.
Attorneys for Weinstein declined to comment in an email sent by their workplace. A spokesman for Manhattan District Attorney Cyrus Vance dropped to comment.
Weinstein has also denied allegations by approximately 70 girls of sexual misconduct dating back decades, stating any contact was consensual.
In refusing to dismiss the sexual assault charges, Burke refused Weinstein’s claim that an alleged rape against the winter of 1993-94 happened long ago to function as an “aggravating” and”inherent” crime, according to state law.
The judge, at the decision dated November 26, additionally rejected Weinstein’s asserts that dismissal was demanded because he hadn’t been given fair notice of their prior alleged rape, and since the grand jury which indicted him was convened.
Prosecutors have said that they intend to phone that the actress Annabella Sciorra, who’s appeared in the TV series”The Sopranos” and films like”The Hand That Rocks the Cradle,” to announce that Weinstein mistreated her in 1993.
Weinstein can’t be criminally charged with raping Sciorra since the statute of limitations has run out.
Burke also ruled out specialist citizenship testimony on many subjects, like the causes of”original signs of sexual goals” and”the occurrence of’voluntary undesirable sex.'”
He explained Weinstein’s attorneys can present expert testimony on other subjects such as how memory functions and could be twisted, and if there’s a connection been people’s confidence in their memory and the truth of the memory.
Accusations against Weinstein helped spark the #MeToo motion in late 2017 – countless girls have accused strong guys in entertainment, industry, politics, media and other areas of sexual misconduct.