Harvey Weinstein’s Case Goes to Prosecutors: Will he Be Charged?

Harvey Weinstein’s Case Goes to Prosecutors: Will he Be Charged?

The Guardian reported that two files have been received by the Los Angeles District Attorney’s Office by Beverly Hills police as a result of their investigation into the sexual harassment and sexual assault charges against Harvey Weinstein. These are two cases from a group of 80 women who claim that Weinstein is the guilty party. California is not Weinstein’s only problem as he is also being investigated by New York police departments and Scotland Yard.

The details of the cases are currently unknown, but one case has been filed under the name of “Jane Doe.” One accusation has Weinstein sexually assaulting an actress in 2015, and though prior to the revised California law that eliminates the statute of limitations on sex crimes, it is well within the 6 year statute of limitations that was in force in 2015. What is also clear is that the evidence must be sufficient to prove non-consensual sex.

Currently in a sexual rehab resort, there have been at least 6 other lawsuits filed against him of a civil nature. These two criminal filings muddy up the waters considerably. If Beverly Hills police have handed over what is sufficient grounds to arrest Weinstein, it has not happened yet. That is one event to keep your eyes open for. Another possibility is that the filing of the criminal allegations will lay a foundation to give a civil lawsuit more teeth, for both the two cases filed and for the other half dozen civil action suits.

Entertainment Weekly among others has reported that Paul Sorvino has publicly threatened to kill Weinstein if they ever meet. Sorvino’s daughter, Mila, accused Weinstein of behaving inappropriately with her back in 1995, though no accusations of sexual assault were made. This is the kind of problem prosecutors have to deal with because while Weinstein’s actions may have been inappropriate they weren’t criminal. (By the way, Paul Sorvino is 78 and probably has flashbacks of his roles in The Firm and Law and Order.)

It may seem strange but the women who are accusing him of acting inappropriately but never crossing the line over to actual sexual assault may actually work in Weinstein’s favor. The question for the accusers will obviously be: why did you go to his room. The more accusers who admit to him not crossing the line, the greater the evidence will have to be against Weinstein to achieve a criminal conviction.

He is undoubtedly the most despised man in America, and however long it takes for his legal battles to end, it is likely he will move to another country with what remains of his millions of dollars. Attitudes like Sorvino’s make the decision easier. TMZ has vowed to follow him and find out wherever he goes, but once he is out of the country no one is likely to care as long as he stays away. These initial two case filings are likely to determine whether he will avoid any jail time. Just overcoming the initial obstacles — determining a neutral venue for the trial and finding an impartial jury, may take months or even a year before any legal fireworks can begin.

Yes, it continues to be a mess.

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