'Consensual'

Weinstein lawyers claim ‘I love you’ email inconsistent with rape allegations, seek dismissal

Harvey Weinstein (L) arrives for a court appearance with attorney Benjamin Brafman at Manhattan Criminal Court on July 9, 2018 in New York City. (Kevin Hagen/Getty Images)

Harvey Weinsten had a “long-term, consensual, intimate relationship” with one of his sexual assault accusers, his lawyers argued in court filings on Friday, as they pushed for dismissal of the grand jury case against him. Evidence they say was not shared with the grand jury includes emails that were exchanged four years after an accuser — who is not named publicly — alleges she was raped.

“For example, on February 8, 2017, [the accuser] emailed Mr. Weinstein saying ‘I love you, always do. But I hate feeling like a booty call. :).’” his lawyers said in the filings.  “Although reflecting neither Mr. Weinstein’s words nor feelings, by using the term ‘booty call,’ the complaining witness appears to acknowledge the consensual, intimate nature of her relationship with Mr. Weinstein and perhaps, most importantly, signaled her desire for a fuller and more emotionally committed relationship. This evidence should not have been kept from the Grand Jury.”

Other emails shared by Weinstein’s lawyers were sent in the weeks and months after the alleged attack in March 2013.

“Mr. Weinstein categorically denies that he had non-consensual sex with any person, and specifically the three accusers in the pending indictment,” the dismissal motion argues. “The pending indictment against Mr. Weinstein must be dismissed at the pretrial stage because it is legally infirm based on the District Attorney’s failure to provide exculpatory email evidence to the Grand Jury; failure to give adequate notice to the defense as requested that it was presenting new, far more serious charges to the Grand Jury; failure to indicate with sufficient specificity when the alleged crime in Count Six occurred; failure to prosecute Count Five within the five-year Statute of Limitations; and failure to provide the Grand Jury with sufficient evidence of the legally required element of force, as well as other Grand Jury deficiencies,”

The full 26-page motion can be read here.

Weinstein, 66, faces charges in Manhattan for allegedly forcible sexual encounters involving three women. Out on $1 million bail and having surrendered his passport, he is set to reappear in New York Supreme Court on September 20.

Read the full story at Deadline and The Daily Beast.

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