It’s looking like state lawmakers will not pass a measure that would have made it easier for prosecutors to convict people accused of sex crimes.
That development could affect the case against former movie producer Harvey Weinstein, who could be retried on rape charges later this year, the measure’s sponsor in the Assembly said on Wednesday.
The bill would have lowered the barrier for prosecutors to introduce evidence that someone accused of a sex crime had previously been charged with sexual assault. It picked up momentum after the state’s highest court struck down Weinstein’s conviction this spring, in part because three women he wasn’t criminally charged with assaulting testified at trial that he had also assaulted them.
The legislation passed the Senate with just four dissenting votes last week. But now, its sponsor in the Assembly says she doesn’t think the legislation will cross the finish line this year. The measure underscores a dilemma for the Democratic-led Legislature: balancing the rights of sexual assault victims with those of people accused of crimes.
Assemblymember Amy Paulin, who sponsored the legislation, said she was “devastated” that many lawmakers were unwilling to advance a bill that she said is necessary to hold accountable people accused of multiple sexual assaults, including Weinstein.
“They will not be convicted in New York as easily as they should be — causing a problem primarily for women out there to be raped,” Paulin said. “To me, that’s very problematic.”
This type of evidence is already technically allowed in New York, but only if it meets certain criteria, like proving what someone’s motive was. Defense attorneys say those guardrails are necessary to prevent jurors from convicting someone of a crime merely because they seem like a bad person who is likely to commit a crime.
The bill's supporters have said the criteria is too strict for sex crimes, which are already difficult for survivors to report to law enforcement and even more difficult to prove in court.
“We have a system right now that victimizes the victims again,” Sen. Michael Gianaris, a bill sponsor, said before voting to approve the measure in the Senate last week. “And so I do think it’s fair to say: ‘Let us balance the scales of justice as it relates to these offenses only,’ because these are very unique.”
Gianaris noted that the federal system and 16 other states already have similar rules that allow evidence of other sexual assaults to be admitted in court.
Some of Weinstein’s accusers have also asked lawmakers to approve the measure — even if that doesn’t happen in time to help their case against him.
“We urge the legislature to give serious consideration to passing the proposed legislation in the near future so that more survivors can get justice,” said attorney Lindsay Goldbrum of Outten & Golden LLP, who represents several accusers, including Taralê Wulff, who testified at Weinstein’s first trial.
But opponents, including defense attorneys, have warned of potential violations of the rights of people accused of crimes. They said the legislation threatens a basic tenet of the legal system: that defendants should be tried based on the evidence against them in a particular case.
The Legal Aid Society praised lawmakers for not moving forward with the legislation, which it said was “devoid of any meaningful research, debate, or of public feedback.”
"This was a knee-jerk reaction to a media moment, and thankfully the Assembly understood the devastating consequences this legislation would have on the rights of New Yorkers accused of a crime if it were enacted into law,” the public defender organization said in a statement.
Even some Republicans who supported the bill in the Senate expressed hesitations before casting their votes. Sen. Anthony Palumbo, a former prosecutor who represents parts of Suffolk County, said on the Senate floor last week that he “unequivocally” supported the bill's intent but thinks the language goes too far. He said he feared the measure, if passed into law, would face legal challenges and be overturned.
“We want to get this right,” Palumbo said. “Because, quite frankly, if we don’t pass a constitutional statute, we’re doing nothing for victims of sexual assault and rape to fix this gaping hole in our rules.”
Weinstein’s spokesperson Juda Engelmayer said the law should protect victims and perpetrators.
“We are sure that the Legislature, with adequate time and study, will develop a measure that is both impactful and constitutional to protect those accused and those seeking justice for true crimes,” Engelmayer said.
Weinstein pleaded not guilty in his New York trial and appealed his 2020 conviction. He is currently incarcerated on Rikers Island while he awaits a new trial. He is also facing a sentence for a criminal conviction in California.
Paulin said she will continue to advocate for the measure in future legislative sessions.
“I never say never, and I never give up hope,” she told reporters on Wednesday. “I’ve had some bills for 20 years that passed. I will be here as long as it’s needed to pass this one.”
Jon Campbell contributed reporting.
