How NY’s Outdated Rape Shield Law Works To Harvey Weinstein’s Advantage


December 19, 2018

By JB Nicholas

In the seven months since Harvey Weinstein was led into Manhattan Criminal Court in handcuffs, his defense attorney Benjamin Brafman has been chipping away at the charges against the disgraced Hollywood mogul.

But Brafman’s court filings convey more than dry legal arguments to a judge. He’s configured them to broadcast sex-charged allegations attacking the credibility or character of Weinstein’s accusers—fully exploiting the mass-media megaphone Weinstein’s celebrity arms him with.

In the latest attack, for example, Brafman alleged that an unnamed third-party thought Weinstein and one of his accusers had been “hooking up.” This was breathlessly reported by The Hollywood Reporter to be a fatal blow to the criminal case against Weinstein, while The New York Times called it part of a greater “unraveling.”

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