‘The casting couch is not a crime scene’: Weinstein’s lawyer defends him as retrial begins

The retrial of Harvey Weinstein on charges of rape and sexual assault started this week, with the prosecution and defense presenting very different versions of events. The trial is an important moment, not just for Weinstein but also for the continued influence of the #MeToo movement. The case focuses on accusations from three women: Kaja Sokola, a former model; Miriam Haley, a former production assistant; and Jessica Mann, a former aspiring actress.

In their opening statement, the prosecution described Weinstein as a repeat offender who used his powerful position in Hollywood to take advantage of women trying to succeed in the industry. They claimed Weinstein acted as a gatekeeper, offering career opportunities in exchange for sex and then using threats and pressure to keep the women quiet.

As reported by Reuters, the prosecution outlined a pattern of behavior over many years, targeting women who were vulnerable because they wanted to build careers in Hollywood. Per PBS, they described an alleged assault against Sokola in 2002, when she was just 16 and Weinstein supposedly assaulted her at his apartment. While this incident is not part of the criminal charges in this trial, it was brought up to provide background for a separate accusation in 2006 (one of the charges), when Weinstein allegedly forced Sokola into oral sex at a Manhattan hotel.

Harvey Weinstein’s defense is a little unorthodox

The prosecution also presented allegations that Weinstein forced oral sex on Haley in 2006 and raped Mann in 2013. The fact that Sokola’s accusations are part of this retrial is significant. Her claims were not included in Weinstein’s 2020 trial. She later filed a civil lawsuit against him and received a $3.5 million settlement.

The current trial only charges Weinstein in connection with the 2006 incident involving Sokola, while the earlier 2002 accusation is not part of the criminal case. Sokola’s testimony was added to this trial after New York’s highest court overturned Weinstein’s 2020 conviction because of mistakes in how evidence about unrelated accusations was handled.

On the other hand, the defense argued that Weinstein’s relationships with the women were consensual and “mutually beneficial.” Weinstein’s lawyer claimed that the women willingly engaged with him to advance their careers and understood the unspoken agreement. The defense admitted that Weinstein’s behavior might have been morally questionable in Hollywood’s power-driven environment but insisted it was not criminal.

Their strategy directly countered the prosecution’s argument by suggesting the women were not victims but willing participants who gained career benefits. These auditions and opportunities came from their interactions with Weinstein. This approach places the alleged incidents within Hollywood’s long-standing “casting couch” culture, implying that such controversial exchanges are not necessarily illegal.

This retrial is happening in a very different atmosphere than the first one. The 2020 trial took place at the peak of the #MeToo movement, with strong public outrage and protests outside the courthouse. This time, the public reaction has been less intense.

The jury is different, and a new judge is overseeing the case. The shifting public conversation around #MeToo is also seen as a factor influencing this trial, and the defense’s strategy seems designed to take advantage of this change. Although this case only involves the accusations from the three women, he is already serving a 16-year prison sentence in California after being convicted of rape and sexual assault in a separate trial.

Because of that, even if he is found not guilty in this New York retrial, he will not be released from prison right away. The trial is expected to last about six weeks, and the judge has been informed about Weinstein’s health issues. The defense is reportedly asking for permission to let Weinstein stay overnight at a hospital during the trial.