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Harvey Weinstein rape trial: Full charges and what he was found guilty of


Sexual misconduct allegations against Weinstein spurred on the #MeToo movement (Picture: Lucas Jackson/Reuters)

Harvey Weinstein has been found guilty in a landmark sexual assault trial.

The jury of seven men and five women at the New York supreme court took five days to reach their verdict, which was delivered on Monday afternoon.

Weinstein, who denied all allegations of non-consensual sex, did not testify in the trial.

What has the disgraced movie mogul been charged with and what is his sentence?

What has Harvey Weinstein been found guilty of?

Weinstein, 67, was found guilty of criminal sexual act in the first degree and rape in the third degree.

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The charges were in relation to allegations made by two women.

The producer was accused of raping a woman in a New York hotel room in 2013 and forcibly performing oral sex on another woman in 2006.

In total, Weinstein faced five charges of rape and sexual assault – one count of rape in the first degree, one count of rape in the third degree, one count of a criminal sexual act in the first degree, and two counts of predatory sexual assault – to which he pleaded not guilty.

He was found not guilty of the most serious charges in the case which were two counts of predatory sexual assault.

He was also acquitted of first-degree rape.

Will Harvey Weinstein go to prison?

His sentence hasn’t yet been confirmed although Weinstein could face a sentence of between 5 to 25 years in prison for the first charge (first degree criminal sexual act) which relate to him forcibly performing oral sex on production assistant Mimi Haley in 2006.

He could face probation to four years in prison for rape in the third degree, after he was found guilty of raping a woman in her hotel room in Manhattan in 2013.

According to NBC, sentencing is scheduled for 11 March.

Weinstein’s sentence has not yet been confirmed (Picture: Kena Betancur/Getty Images)

What is third degree rape?

Third degree rape refers to when a person engages in sexual intercourse with another person who is incapable of consent.

By contrast, first degree rape involves forcible compulsion and carries a life prison sentence, while second degree rape refers to when someone is unable to consent due to being mentally disabled or mentally incapitated.

The full, definition, according to New York Penal Code via FindLaw is below:

A person is guilty of rape in the third degree when he or she engages in sexual intercourse with another person:

  • Who is incapable of consent by reason of some factor other than being less than 17 years old;
  • Who is less than 17 years old, and the defendant is 21 years old or more; or
  • Without such person’s consent, which is withheld for some other reason than incapacity to consent.

MORE: Harvey Weinstein found guilty on two counts in landmark rape trial

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