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‘Where’s your evidence?’: Weinstein lawyer

“You don’t have any physical evidence to present to this jury that any (sexual assault) happened, do you?” a layer for Harvey Weinstein has asked his accuser.

October 27, 2022
By Andrew Dalton
27 October 2022

A lawyer for Harvey Weinstein has peppered a woman with questions on the lack of forensic evidence that the movie magnate raped her in 2013, or that he was even at the hotel where she says the assault occurred.

“You don’t have any physical evidence to present to this jury that any of this happened, do you?” lawyer Alan Jackson asked pointedly on Wednesday during cross-examination.

When the judge at the 70-year-old Weinstein’s Los Angeles trial sustained an objection to the question because it called for speculation, Jackson got more specific:

“Any photos?”

“No,” the woman said quietly.

“Any video?”

“No,” she replied, then added, “Do you think somebody after rape makes a video?”

She began crying softly as she answered “no” to a series of similar questions about whether she had any documentation of bruises, scrapes, cuts, or handprints on her face from Weinstein holding her down, or had been given a sexual assault examination.

“Do you have any physical evidence that you were even with Mr. Weinstein?” Jackson asked.

Her crying grew louder as she answered, “I had his jacket, but I gave it away.”

The woman, a model and actress who was working in Rome, is the the first of Weinstein’s accusers to testify at the trial and spent portions of three days on the witness stad.

Prosecutors have presented photographs and other evidence that both Weinstein and the woman were at the Los Angeles Italia Film Festival, which she had come to California to attend in February 2013.

But they have not yet produced anything that puts Weinstein at her hotel on the night she said he forced her to perform oral sex on her bed then raped her in her bathroom.

The woman did not go to police until October 2017, when women’s stories about Weinstein made him the central figure in the #MeToo movement.

She maintains that Weinstein left her jacket in the room and she gave it to hotel staff, but no lost-and-found records have been discovered to demonstrate it.

Asked whether the explosion of media stories around Weinstein prompted her to go to police, the woman repeated earlier testimony that she had already decided to file a report earlier in the year when she urged her teenage daughter to go to authorities over sexual harassment she’d been subjected to at school.

The woman is going only by “Jane Doe 1” in court. Her age and birthplace have also been kept out of court proceedings, though she has said her first language was Russian and she was living at the time with her three children in Italy, where she had married into considerable wealth.

The Associated Press does not typically name people who say they have been sexually abused unless they come forward publicly.

Weinstein’s defence tried to poke holes in her testimony and press on inconsistencies in previous accounts she gave to police, to prosecutors, to a grand jury, and in the first two days of her trial testimony.

It was the first time jurors heard from a witness about Weinstein’s anatomy, which arose often in his 2020 trial in New York, where he was convicted of rape and sexual assault and sentenced to 23 years in prison.

Weinstein has pleaded not guilty to 11 counts of rape and sexual assault involving five women.

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