What does Harvey Weinstein’s overturned conviction mean and is he still in jail?-Emily Bashforth-Entertainment – Metro

Harvey Weinstein has had his 2020 conviction overturned, but what does this mean? (Picture: Etienne Laurent/Pool/AFP via Getty Images)

Disgraced Hollywood producer Harvey Weinstein had his 2020 rape conviction overturned in New York today, stunning his accusers and outraging campaigners against sexual abuse.

But what does this mean for Weinstein and his time behind bars?

On Thursday (April 25), the Court of Appeals overturned Weinstein’s 23-year sentence for rape.

He was initially put behind bars in March 2020 after he was found guilty of third-degree rape and a first-degree criminal sexual act.

However, today it was determined that the judge in the trial had prejudiced the ex-movie mogul with improper rulings, with Weinstein’s legal team arguing that Judge James Burke heavily favoured the prosecution.

They also claimed his rulings were biased by the cultural pressure to convict Weinstein, given how the stream of allegations made against him was the catalyst for the #MeToo movement.

The disgraced movie mogul was serving 23 years behind bars for rape (Picture: AP)

Following the ruling, Weinstein’s legal team expressed that they are ‘cautiously excited’ for the future, as he still has other cases ongoing.

Will Harvey Weinstein be released from prison?

Weinstein, 72, was already effectively serving a life sentence when he was flown to Los Angeles to face his second trial on rape and sexual assault charges.

That second conviction is now the only thing keeping him in jail after his previous conviction on charges of criminal sex acts was overturned in a 4-3 ruling.

Leading criminal defence lawyer Richard Cannon, partner at Stokoe Partnership Solicitors, explained to Metro.co.uk what Weinstein’s overturned conviction means.

‘Weinstein will not be released as a result of this decision because he is also serving a sentence of 16 years imposed by a Court in California,’ explained Cannon.

On whether Weinstein will seek a retrial, Cannon noted that while it is not certain, groups like the Silence Breakers are likely to put pressure on.

Weinstein will remain in prison (Picture: Johannes Eisele/AFP)

‘The decision to seek a retrial will be down to the Manhattan District Attorney, there is likely to be a lot of pressure from victim groups to do so.’

Cannon added that winning one appeal will probably give Weinstein ammunition to seek an overturning for his second conviction.

‘Now he has won this appeal, it is possible he will seek to appeal the Californian 2023 conviction on the basis of the prejudicial effect the 2020 New York conviction had on those proceedings.’

What has Weinstein said?

Speaking after the ruling, Weinstein spokesperson Juda Engelmayer told Deadline: ‘We’re cautiously excited.

‘He still has a long road ahead of him because of the Los Angeles case.

‘We are studying the ramifications of the appeal right now.’

During a press conference, Weinstein’s lawyer Arthur Aidala also called the Court of Appeal’s ruling ‘a great day for America’.

Allegations against him were the catalyst for the #MeeToo movement (Picture: Jordan Strauss/Invision/AP, File)

‘It may sound like an exaggeration but it’s not, today’s legal ruling is a great day for America because it instils in us the faith that there is a justice system,’ he said.

A spokesperson for the Manhattan District Attorney’s Office told the PA news agency: ‘We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault.’

What have his accusers said?

Meanwhile, those who accused Weinstein have declared the ruling ‘profoundly unjust’.

The Silence Breakers – who were made Time’s Person of the Year in 2017 – said in a statement: ‘The news today is not only disheartening, but it’s profoundly unjust.

‘But this ruling does not diminish the validity of our experiences or our truth; it’s merely a setback.

‘The man found guilty continues to serve time in a California prison. When survivors everywhere broke their silence in 2017, the world changed.

‘We continue to stand strong and advocate for that change. We will continue to fight for justice for survivors everywhere.’

The group consists of social activists and public figures – male and female – who have spoken out against sexual abuse, including the likes of Ashley Judd, Susan Fowler, Adama Iwu, Taylor Swift, and Isabel Pascual, plus hundreds more.

Actress specifically Judd described Weinstein’s ruling as ‘unfair to survivors’, having been one of the first women to make allegations on the record against him.

The Double Jeopardy star wrote on Instagram: ‘This is unfair to survivors. We Live In Our Truth. We know what happened.’

Judd previously alleged she thought she was attending a breakfast hotel meeting in 1997, while filming the thriller Kiss The Girls, when he began pressuring her to give and receive massages and to watch him shower.

In a bid to get out of the bathroom, she claims she resorted to striking a deal with him that she would say yes to his advances when she won an Oscar for one of his films.

Speaking at a press conference in New York City on Thursday, Judd said: ‘This today is an act of institutional betrayal.

The Silence Breakers have branded the latest ruling as ‘unjust’ (Picture: Jefferson Siegel-Pool/Getty Images)

‘And our institutions betray survivors of male sexual violence, and we need to work within and without the systems to start having what is known as ‘institutional courage”.’

Activist Tarana Burke, who started the #MeToo movement, also spoke at the event and said: ‘Many people, many survivors and those who love and support survivors probably thought that that original verdict meant that there was going to be a change, that it marked a change, marked a difference in how this justice system was going to move and operate.

‘And I think that we felt, and a lot of us felt, that we were on a road to seeing a different America. And this moment makes it feel like we were wrong.’

She added: ‘What does this mean for the MeToo movement?

‘I want you to hear this. This is not a blow to the movement. It is a clarion call. And we are prepared to answer that call.’

Allegations against Weinstein, the once powerful and feared studio boss behind such Oscar winners as Pulp Fiction and Shakespeare In Love, ushered in a global movement seven years ago, where women across the world shared stories of their own experiences with sexual assault.

Those who spoke out against sexual abuse were recognised as Time’s Person of the Year in 2017 (Picture: (Picture: David McNew/Getty Images)

In 2019, the United States District Court in Los Angeles dismissed a sexual harassment claim made by Judd against Weinstein in which she said he defamed her, damaging her career.

Mira Sorvino, who previously made allegations against Weinstein and won an Oscar for Mighty Aphrodite, tweeted that she was ‘disgusted’ at the justice system and ‘horrified’.

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