The California Court of Appeal on Friday upheld Harvey Weinstein's 2022 conviction for rape and sexual assault but ordered a resentencing, ruling that the trial judge must reconsider the 16-year prison term.
Conviction Upheld, Sentence Vacated
The panel of three appellate judges unanimously affirmed the conviction on one count of rape and two counts of sexual assault against the former film producer. However, they found that the trial judge improperly considered evidence of other alleged acts not charged in the case, requiring a new sentencing hearing.
Weinstein, 72, was convicted in Los Angeles of assaulting an Italian model, identified only as Jane Doe 1, during a film festival in 2013. He was sentenced to 16 years in prison in 2023.
Appeal Arguments Rejected
Weinstein's attorneys, Jennifer Bonjean and Michael Freedman, had argued that the trial was unfair because jurors learned during jury selection that Weinstein had been convicted of rape in New York. They claimed this knowledge infected the proceedings. The appeals court rejected that argument, stating that the trial judge took proper precautions to limit prejudice.
“We are disappointed by today’s decision and respectfully disagree with the Court of Appeal’s conclusions regarding the fairness of Mr. Weinstein’s trial,” Juda Engelmayer, a Weinstein spokesperson, said in a statement. “At the same time, the court correctly recognized that his sentence cannot stand.”
Disputed Testimony
The defense also alleged that Jane Doe 1 gave false testimony about her relationship with film festival director Pascal Vicedomini, claiming she perjured herself when she said they were just friends. The appeals court found no error in the trial judge's decision to limit that line of questioning.
Weinstein has denied all allegations. More than 80 women have accused him of sexual misconduct or assault.
New York Developments
The California ruling came one day after New York prosecutors dropped a rape charge against Weinstein, following two mistrials. In 2020, Weinstein was convicted of raping actress Jessica Mann, but that conviction was overturned in 2024. A retrial ended in a mistrial in 2025, and a subsequent trial this May also ended in a mistrial. The case was dropped after Mann declined to testify a fourth time.
Weinstein still faces a separate assault conviction in New York involving a different woman, for which he is scheduled to be sentenced in September. Prosecutors are seeking a 20-year prison term. He will serve his California sentence only after completing any New York sentence.
