New York lawmakers propose allowing prior bad acts to be admissible in sexual assault proceedings
CNN
Citing the recent overturning of Harvey Weinstein’s sex crimes conviction in New York, members of the New York State Assembly are introducing a bill this week that would amend the state’s criminal procedure law to allow evidence of a defendant’s prior sexual assault to be admissible as evidence in a sexual assault proceeding.
Citing the recent overturning of Harvey Weinstein’s sex crimes conviction in New York, members of the New York State Assembly are introducing a bill this week that would amend the state’s criminal procedure law to allow evidence of a defendant’s prior sexual assault to be admissible as evidence in a sexual assault proceeding. The bill is sponsored by assembly member Amy Paulin, a Democrat who represents parts of Westchester County and has openly shared her experience as a rape survivor. State Sen. Mike Gianaris, a Democrat who represents parts of Queens, is sponsoring the measure in the Senate, and told CNN the bill is “very much” in response to April 25 New York State Court of Appeals decision that overturned the 2020 conviction of first-degree criminal sexual act and third-degree rape against Hollywood producer Weinstein. In last month’s 4-3 ruling, the state’s highest court found the Weinstein jury could have been prejudiced against Weinstein because the judge allowed women to testify about allegations that were not a part of the case. Paulin and Gianaris have said they want this type of evidence legally admissible in court. “What that decision exposed is that the law required clarity – nowhere does New York state law answer this question. We want to make it clear that this should be allowed,” Gianaris said. Weinstein’s convictions and downfall – he also was convicted of rape and sexual assault in Los Angeles – remain a symbol of the #MeToo movement. Prosecutors in Manhattan have said they intend to re-try Weinstein in the New York case later this year. Weinstein has maintained his innocence and denied all allegations against him.
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