A judge denies request by former model/actress to halt re-litigation of Harvey Weinstein’s culpability in a 2013 sexual assault. The judge cites Weinstein’s appeal of his conviction as a reason for the continuation of the civil suit.
The plaintiff, referred to as Jane Doe No. 1, filed the lawsuit on Feb. 9 in the Santa Monica Superior Court. The suit alleges charges of sexual battery, false imprisonment, negligence, and intentional infliction of emotional distress. Doe’s attorneys argue that the criminal case conviction holds weight in the civil case, even though it’s under appeal. They claim that revisiting the “horrific event” is unnecessary and burdensome to the plaintiff.
However, the judge rules that the pending appeals in the criminal case prevent finality. The judge states that a protective order is premature until the criminal conviction is no longer subject to appeal.
In response, Weinstein’s attorneys, including Bill Cosby’s lawyer Jennifer Bonjean, argue that Doe’s attorneys have misinterpreted the law. They label the motion for a protective order as “grossly premature.”
Weinstein’s attorneys further deny Doe’s allegation, stating that she was with her married lover on the night of the alleged assault. Affidavits from three jurors in the criminal case support their claim.
Another ruling by the judge allows Doe’s attorneys to investigate Weinstein’s financial records in preparation for a potential punitive damages award.
Mandel, the judge, writes that based on Weinstein’s criminal conviction, there is a strong likelihood of Doe prevailing and receiving punitive damages.
In December 2019, Weinstein was convicted on three of the seven criminal counts he faced, including forcible rape, forcible oral copulation, and sexual penetration by a foreign object. These charges relate to Doe and the incident in a Beverly Hills hotel room in 2013. Weinstein was sentenced to 16 years in prison.
In response to the civil complaint, Weinstein’s attorneys argue that the claims are time-barred, the request for punitive damages is unconstitutional, and the lawsuit should be dismissed.
According to Doe’s suit, she attended a film festival where Weinstein unexpectedly visited her hotel room after her events for the day. Doe alleges that Weinstein raped her and left as if nothing happened. She did not report the attack until 2017, during the height of the #metoo movement.
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