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An (Obligatory) Harvey Weinstein Thread

So Harvey Weinstein is the new Most Hated Man in America. Turning that image around so that he's viewed as an old school casting couch director who only showed his junk to those who were willing to trade their bodies for camera time and film roles, and who never forced anyone to do anything is going to be a tough sell. The imagery doesn't work in his favor. He's gigantic and the accusing actresses and models probably all weighed 110 pounds or less.

What does work in his favor is the law. While the grand jury may add additional charges, as of now he's charged with forcibly making one woman engage in oral or a*nal s*x with him in 2004, and forcing another woman to have sex with him at (presumably) her hotel in March, 2013. I assume she was a company employee as Harvey Weinstein would never stay at a Doubletree in New York. (He was a Peninsula kind of guy.) [More...]

I'm confused about the third charge of having sex without consent(with no date rape drug involved) - how is that different than having sex by force?

From the Court docket: (The material in brackets was added by me]:

  • PL 130.35 01 TOP CHARGE
    B Felony, 1 count,
    Not an arrest charge, Arraignment charge
    Description Rape-1st:forcible Compulsion
  • PL 130.25 03 E Felony, 1 count,
    Not an arrest charge, Arraignment charge
    Description Rape: lack Of Consent Not Incap[acitated]
  • PL 130.50 01 B Felony, 1 count,
    Arrest charge, Arraignment charge
    Description Crim Sex Act-1st[degree]:by Force

The next court date is July 30.

As for the elements of the crime:

PL 130.35 Rape in the first degree.

A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person by (1)forcible compulsion; ....

PL 130.25 Rape in the third degree.

A person is guilty of rape in the third degree when (3) he or she engages in sexual intercourse with another person without such person`s consent where such lack of consent is by reason of some factor other than incapacity to consent.

PL 130.50 01 (Criminal Sex Act First Degree)

A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or a*nal sexual conduct with another person: (1) By forcible compulsion;

If I had to guess, I'd say the second rape charge is a lesser included offense of the first degree rape charge and pertains to the same accuser/date -- meaning Weinstein is only really charged with two separate incidents -- one wit