Why Harvey Weinstein's rape conviction was overturned and what happens next

Harvey Weinstein's New York rape conviction gives the one-time film mogul a chance at a new trial and calls into question what evidence prosecutors can use in future sex crime cases.Weinstein, 72, was found guilty of raping one woman and sexually assaulting another after both testified in court.

Such testimony about "prior bad acts" is usually barred by New York's so-called Molineux rule, named for a landmark 1901 court case. The majority of the court found that the testimony by the three women ran afoul of the rule and made the trial unfair.The Molineux rule is not absolute. It holds that prosecutors cannot use such testimony to prove that the defendant has a "propensity" to commit crime, but they may use it as evidence of motive or intent.

Harvey Weinstein watches as Jessica Mann makes a statement during the sentencing following his conviction on sexual assault and rape charges in the Manhattan borough of New York City, New York, U.S. March 11, 2020 in this courtroom sketch. REUTERS/Jane Rosenberg/File PhotoThe Court of Appeals, however, found that the testimony was simply evidence that he had a propensity to commit rape and sexual assault, not of his motive or intent.

Dissenting judges in Thursday's decision said the ruling would make it more difficult to prosecute sex crimes committed by people who know their victims and may have ongoing relationships with them, as in Weinstein's case.

Source: Entertainment Trends (entertainmenttrends.net)

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