Film producer Harvey Weinstein confirmed on Tuesday that he would not testify during his sexual assault trial, ending the depositions and paving the way for the final pleadings and jury proceedings that promise to be complicated.
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Two assaults retained by the justice system
Six women have, since January 22, testified for the prosecution in this emblematic trial of the #MeToo movement, claiming that the 67-year-old ex-Hollywood magnate, who has become a pariah for public opinion, had sexually assaulted them. . If Harvey Weinstein has been accused of harassment or sexual assault by more than 80 women, including actresses Ashley Judd, Angelina Jolie or Léa Seydoux, he is only tried for two assaults allegedly committed in New York: an alleged rape on an aspiring actress, Jessica Mann, in 2013, and forced cunnilingus on a former production assistant, Mimi Haleyi, in 2006.
But in these two cases, the key notion of consent turns out to be more vague than in most trials for sexual assault, according to legal experts interviewed by AFP. The two women indeed admitted before the jurors to have had with Harvey Weinstein at least one sexual intercourse consented after the alleged assault. Jessica Mann, in particular - whose charges put Harvey Weinstein at risk of life in the event of a conviction - has acknowledged an intimate relationship with Harvey Weinstein for several years after the alleged rape.
Defense Reports
During cross-examination by the defense, she collapsed, admitting to having had a "degrading" and "complicated" relationship with the producer. Defense lawyers called seven witnesses, including Jessica Mann's friend Talita Maia, who said on Monday that the alleged victim considered Harvey Weinstein to be his "spiritual soul mate" and that she had never told him that the producer assaulted her. Although a prosecution-quoted psychiatrist, Barbara Ziv, testified that victims of sexual assault often maintain relationships with their abuser, the 12 jurors could therefore have difficulty determining whether Harvey Weinstein is guilty "at beyond reasonable doubt. "
The defense maintains that all Harvey Weinstein's sexual intercourse was consensual, by women who finally agreed to go through it in the hope that the Hollywood magnate would take off their careers.
Lawyer Donna Rotunno, who is due to make her final argument on Thursday, even hinted that it was they who were manipulating the producer, sending him loving messages or compliments, to gain her favors.