How could Harvey Weinstein be guilty of rape in the third degree, but not predatory sexual assault? And what exactly are the differences between first- and third-degree rape?
Harvey Weinstein. Photo: Spencer Platt/Getty Images On Monday morning, after a more than two-week-long trial, and nearly 30 hours of jury deliberation, Harvey Weinstein was finally handed a verdict in his high-profile rape and sexual-assault trial in Manhattan. Weinstein was found guilty of rape in the third degree and criminal sexual assault in the first degree, and not guilty on charges of predatory sexual assault and first-degree rape.
Rape in the third degree Allegation from which it stemmed: Former aspiring actress Jessica Mann alleges that Weinstein raped her at a Midtown East hotel in 2013.What does the charge mean? Under New York Penal Code, three degrees of rape exist, with first-degree being the weightiest, and third-degree being the least. In New York, a person is guilty of third-degree rape when they engage in nonconsensual sex with another person.
What does the charge mean? To convict on first-degree rape, the prosecutor must show the defendant subjected the victim to nonconsensual intercourse through forcible compulsion, or that they were “incapable of consent by reason of being physically helpless.” During Weinstein’s trial, the prosecution argued that Weinstein used forcible compulsion; the defense, on the other hand, maintained that Weinstein never had nonconsensual sex with any woman.
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