The lower court all but gutted Mr. Weinstein's defense
More than a decade after the events in question, and years into a legal reckoning that helped reshape public understanding of power and consent, a California appeals court has unanimously affirmed Harvey Weinstein's rape and sexual assault conviction while ordering his sentence to be reconsidered. The ruling arrives one day after a parallel New York case quietly collapsed when an accuser chose not to testify again — a reminder that justice in cases of this magnitude is rarely a single moment, but a long and uneven passage. At 74, Weinstein remains a figure through whom society continues to negotiate the distance between accountability and its limits.
- A unanimous three-judge panel rejected Weinstein's central defense argument — that restricted testimony about his accuser's private relationships had gutted his ability to mount a fair defense.
- The near-simultaneous collapse of a fourth New York trial, after an accuser declined to face yet another courtroom, underscores the human toll that prolonged legal battles exact on those who come forward.
- Weinstein's legal team claimed a partial win in the resentencing order, but the conviction itself — one rape count and two sexual assault counts — held firm.
- The defense is now preparing to escalate to the California Supreme Court, signaling that this case has no clear endpoint in sight.
- Weinstein faces a September sentencing in New York where prosecutors are seeking 20 years, and his California sentence will not begin until that proceeding concludes.
A California appeals court unanimously upheld Harvey Weinstein's 2022 rape and sexual assault conviction on Friday, while ordering the original trial judge to reconsider his sentence. The ruling from the state's 2nd District Court of Appeal was a significant, if incomplete, defeat for Weinstein's legal team — who had sought a full reversal.
Weinstein, now 74, was convicted in Los Angeles County of one count of rape and two counts of sexual assault against Evgeniya Chernyshova, an Italian model and actor who testified that he arrived unannounced at her hotel room during the 2013 LA Italia Film Festival and assaulted her. She later chose to identify herself publicly — an unusual step in sexual assault cases — and has also pursued civil litigation against him.
His attorneys had argued that the trial judge improperly limited their ability to question Chernyshova about Facebook messages with the film festival's director, which they claimed would have revealed a sexual relationship and undermined her credibility. The appeals court found the evidence irrelevant to the core contested issues and let the conviction stand. Defense attorney Jennifer Bonjean had told the appeals panel in April that the lower court had "all but gutted" Weinstein's defense.
The ruling landed one day after New York prosecutors dropped a fourth potential trial against Weinstein after that accuser declined to testify again — a quiet but telling moment about the weight borne by those who pursue accountability through the courts. Weinstein remains separately convicted in New York and faces sentencing there in September, where prosecutors are seeking a 20-year term. His California sentence will follow only after that proceeding ends.
Weinstein's spokesperson acknowledged disappointment with the appeals court's fairness conclusions but noted that the defense viewed the resentencing order as a recognition that something had gone wrong. The team intends to petition the California Supreme Court, keeping the legal contest alive as the broader reckoning the case helped ignite continues to echo through Hollywood and beyond.
A California appeals court has upheld Harvey Weinstein's rape and sexual assault conviction from 2022, though the three-judge panel has ordered the trial judge to reconsider his sentence. The decision, issued Friday by the state's 2nd District Court of Appeal, was unanimous—a significant moment in a case that has stretched across years and multiple jurisdictions.
Weinstein, now 74, was convicted in Los Angeles County in December 2022 of one count of rape and two counts of sexual assault. The victim, an Italian model and actor, came forward publicly after the trial under her name, Evgeniya Chernyshova. She testified that Weinstein arrived unannounced at her hotel room during the 2013 LA Italia Film Festival and assaulted her. The jury acquitted him on one count of sexual battery against a massage therapist and deadlocked on charges involving two other women.
Weinstein's legal team had argued that Superior Court Judge Lisa B. Lench unfairly restricted their ability to question Chernyshova about Facebook messages with Pascal Vicedomini, the festival's head. The defense contended these messages would have demonstrated a sexual relationship between Chernyshova and Vicedomini, suggesting she had lied when she claimed they were merely friends and colleagues. Weinstein's attorneys further argued this evidence would have supported their claim that she was not even in her room on the night in question. "The lower court all but gutted Mr. Weinstein's defense," his attorney Jennifer Bonjean told the appeals judges during oral arguments in April.
The state's representative countered that any affair was irrelevant to the case's central contested issues. The appeals court agreed, upholding the conviction while ordering resentencing—a partial victory for Weinstein's defense but not the reversal they sought.
The timing of this decision carries weight because it arrives just one day after prosecutors in New York dropped a fourth potential trial against Weinstein. That accuser, facing the prospect of testifying again, declined to proceed. Weinstein remains convicted in New York on a separate sexual assault charge and is awaiting sentencing there in September, where prosecutors are seeking a 20-year prison term. He will serve his California sentence only after that New York proceeding concludes.
Weinstein's spokesperson Juda Engelmayer said the defense was disappointed by the appeals court's conclusions about the fairness of the trial but acknowledged that "the court correctly recognized that his sentence cannot stand." The statement also signaled the fight is far from over: the defense intends to petition the California Supreme Court, arguing that significant legal errors warrant further review.
Chernyshova, who came forward publicly and consented to being named, has also pursued civil litigation against Weinstein. Her decision to identify herself publicly marked a departure from typical practice in sexual assault cases, where accusers often remain anonymous. The case remains emblematic of the #MeToo movement that reshaped conversations about power and accountability in Hollywood, though the legal machinery continues to grind slowly through appeals and resentencing hearings.
Notable Quotes
The lower court all but gutted Mr. Weinstein's defense— Jennifer Bonjean, Weinstein's attorney, during April oral arguments
The court correctly recognized that his sentence cannot stand— Juda Engelmayer, Weinstein's spokesperson
The Hearth Conversation Another angle on the story
Why did the appeals court uphold the conviction but order resentencing? That seems like a split decision.
The court found the conviction itself was solid—the jury heard enough evidence to convict him. But they're saying something about how the sentence was imposed needs to be reconsidered. It's not a full reversal, but it's not a complete win for prosecutors either.
And the defense's main argument was about those Facebook messages?
Yes. They wanted to show that Chernyshova had lied about her relationship with the festival director. If she lied about that, the defense reasoned, maybe she lied about other things too—maybe she wasn't even in her room that night. But the judge wouldn't let them pursue that line of questioning.
Did the appeals court think that was unfair?
The appeals court didn't think it changed the outcome enough to overturn the conviction. They sided with prosecutors that the affair, real or not, didn't address the core facts of what happened in that hotel room.
So what happens now?
He gets resentenced in California. Meanwhile, he's still in prison on a New York conviction, and he's facing sentencing there in September. His lawyers say they'll take this to California's Supreme Court, but that's a long road.
And the accuser in New York just dropped out?
She couldn't face testifying again. That case is done. But Weinstein's already convicted there, so it doesn't matter for that conviction—only for sentencing.