Harvey Weinstein's 2020 rape conviction has been overturned by the New York State Court of Appeals on Thursday, leading to the prospect of a new trial. The decision stems from allegations of unfair conduct by the judge during the high-profile #MeToo trial. The court ruled 4-3 in favor of overturning... Read More »
Weinstein Bankruptcy Judge Approves Sexual Misconduct Settlement Plan
A bankruptcy court judge in Delaware has given the green light on accused rapist Harvey Weinstein's liquidation plan of his Weinstein Co. The liquidation plan will fuel a settlement fund for victims who accused the disgraced film executive of sexual misconduct.
The settlement includes a $17 million fund that will be used to pay out women who were victims of sexual misconduct. There is an additional $8.4 million fund that will cover bankruptcy claims that are not related to the sexual misconduct claims. The settlements will be paid out to the nearly 40 women who filed claims against Weinstein and have accepted the terms of the settlement.
In a hearing that took place online, Judge Mary F. Walrath delivered the ruling that prosecutors hope will help the victims of Weinstein's sexual misconduct find a sense of justice.
Nearly 40 women who were the victims of Weinstein approved of the settlement plan. Other victims wanted to appeal the allegations outside of bankruptcy court, but the Judge shared that a majority of the claimants, 83%, “have expressed very loudly that they want closure through acceptance of this plan, that they do not seek to have to go through any further litigation in order to receive some recovery, some possible recompense ... although it’s clear that money will never give them that.”
Under the settlement, a claim examiner will review each claim of sexual misconduct that was filed. Depending on the documents and statements filed along with the claim, victims will be given a point award. The cumulative number of points will dictate how much money each victim will be paid out.
The woman who alleged misconduct by Weinstein will only be allowed to file one sexual misconduct claim. All the women will have the option of releasing future claims against the Hollywood mogul. If they do, they will get their full share of the settlement. If they choose not to release him from future claims, then they will only get 25% of the settlement as valued by the points system.
The settlement has drawn criticism from several women who did not agree to the terms of the deal. Other women have expressed that it is unfair for victims who accused Weinstein of rape to be assessed in the same way victims who accused him of sexual harassment.
Judge Walrath did not weigh in on the points system other than to say, "I will not get into an analysis of whether one victim's claim has more validity or more value than another’s. Every victim of Harvey Weinstein was victimized and deserves to have a say into the plan confirmation. If they choose not to release Mr. Weinstein, they have the right to have a jury trial. ... Eighty-three percent of the victims have expressed very loudly that they want closure through acceptance of this plan." Attorneys representing the women have responded with mixed reactions as well.
Weinstein is currently serving out his 23-year sentence at the maximum-security Wende Correctional Facility in New York, having been convicted of sexual misconduct against a former production assistant as well as raping an actress was once the co-founder of the Weinstein Company. In 2018, The Weinstein Company sold its assets to Spyglass Media Group (formerly known as Lantern Entertainment) after it had filed for bankruptcy. The sale was roughly $289 million.
Weinstein, who is currently serving a 23-year sentence, was charged in 2018 with rape, criminal sex act, sex abuse, and sexual misconduct in two separate incidents involving two different women in New York. In 2020, Weinstein was convicted by a jury on one count of rape in the third degree and one count of criminal sexual assault in the second degree. Weinstein narrowly dodged a life sentence as the jury did not find him guilty on a predatory sexual assault charge.
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