Harvey Weinstein is causing a retake on sex crimes laws in Albany.
Lawmakers are racing to update trial procedures for accused perverts, after New York’s highest court threw out the disgraced movie mogul’s 2020 sex crimes conviction last month on a technicality.
A group of legislators joined with some of Weinstein’s alleged victims Thursday to tout legislation that would close the loophole and allow victims to speak out freely in court.
“When there are multiple victims of sexual assault, their voices should be heard together and collectively,” said Tarale Wulff, who was one of the alleged victims of Weinstein’s sexual misconduct who testified at his trial, even though he wasn’t actually charged with attacking her.
“Sexual assault survivors who come forward are rarely the only victims of their accusers.”
The court ruled 4-3 last month that it was unfair to allow alleged victims like Wulff — the so-called Molineux witnesses — to testify in sex trials because their claims weren’t actually part of the criminal complaint.
The ruling gutted the use of Molineux witnesses in the state. But legislators said their testimony is crucial in prosecuting sex crimes and vowed Thursday to pass legislation bringing them back.
“In sexual assault cases, which typically rely on the testimony of the survivor, it is essential,” said Assemblywoman Amy Paulin (D-Westchester), one of the bill’s sponsors in her chamber.
“It allows a perpetrator’s pattern of behavior to be presented in court. It allows consent defenses, which are most often the defenses used in relationship sexual assault cases, to be effectively refuted.”
Paulin spoke alongside Wulff and fellow Weinstein Molineux accuser Ambra Gutierrez — as well as Sara Ziff who sued the former head of Miramax in Italy, Fabrizio Lombardo, for sexual assault aided by the Adult Survivors Act.
State Sen. Michael Gianaris (D-Queens) said he was sponsoring a version of the Senate bill legalizing the use of Molineux witnesses.
“Very often, [these] cases rely on the testimony of two people with conflicting accounts and therefore we think this justifies an exception to show a pattern of behavior . . . So we are introducing this legislation, hopefully, we get it passed before the session adjourns in a month,” he said at a press conference hosted at the headquarters of the National Organization for Women.
Paulin said the importance of the witnesses was seen in the Weinstein case.
“In the Weinstein case, the women were able to testify he used professional advancement as a way to put them in a compromised position, that Harvey Weinstein typically used force to overpower his victims and many if not several had prior consensual acts prior,” she said.
Judge Jenny Rivera, who wrote the opinion, argued that the Molineux testimony only served to paint Weinstein in a negative light to the jury. Rivera was joined by lefty Chief Judge Rowan Wilson in the opinion.
The bill in response to the ruling would implement language almost mirroring federal guidelines on evidence, bringing New York in line with over a dozen other states.
Gianaris, who is the number two in Senate Democratic leadership, said he hopes to get the bill passed before the end of the legislative session in a few weeks.
“Hopefully we will get quick progress on this before we adjourn in June,” Gianaris said.
Lawmakers have been scrambling to make a legislative fix since the Weinstein ruling dropped, as The Post first reported two weeks ago.
“I’m glad that the new legislation by Senator Gianaris and Assembly Member Paulin will allow more survivors of sexual abuse to come forward and help keep creeps like Harvey Weinstein from using their power and influence to prey on victims,” Senate Judiciary Committee Chairman Brad Hoylman-Sigal (D-Manhattan) told the Post.
Senate Majority Leader Andrea Stewart-Cousins (D-Westchester) said she’s open to considering a legislative fix, when asked by the Post earlier this week.
“Obviously if there is some loophole or something that could make the case stronger, we would obviously be interested in looking at that,” Stewart-Cousins said.
Any push to rectify Molineux may also receive Republican backing. State Sen. Anthony Palumbo (R-Suffolk), Republicans’ lead on the Senate Judiciary Committee, said he’s been putting together his own legislation which is very similar to the Democrats’ bill.
“Assemblywoman Amy Paulin’s sponsorship of a similar bill reflects the bipartisan support to correct this outrageous decision,” he told the Post.
Speaking at an unrelated event Thursday, Gov. Kathy Hochul failed to give a clear response to the Weinstein ruling, though she said her legal team is reviewing Paulin and Gianaris’ legislation.
“Every woman has the right to be heard in the courtroom with the appropriate witnesses. We are still examining that law,” Hochul said.
Wulff said she believes that something will be done to help future victims.
“Honestly, after the shock of learning the conviction being overturned, I immediately started chasing a silver lining,” Wulff said
“I thought there has to be a reason why this is happening to us. If that megaphone is on us, then this is the opportunity we have right now to make a change.”
