#MeToo Cases’ New Legal Battleground: Defamation Lawsuits

NEW YORK (NY)
The New York Times

January 12, 2020

By Julia Jacobs

The Weinstein trial is rare because most sexual misconduct allegations are too old to litigate. But women, and men, are finding an alternative way to get to court.

Ashley Judd was one of the first women to attach her name to accusations of sexual misconduct against Harvey Weinstein, but like many of the claims that followed, her account of intimidating sexual advances was too old to bring Mr. Weinstein to court over.

Then a legal window opened to her. After reading about a director’s claim that Mr. Weinstein’s studio, Miramax, had described Ms. Judd as a “nightmare to work with,” she sued the producer for defamation in 2018.

Mr. Weinstein’s rape trial in Manhattan, which began with jury selection last week, is a spectacle not only because he is the avatar of the #MeToo era, but also because it is one of the few sexual assault cases to surface with allegations recent enough to result in criminal charges.

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