The allegations of sexual assault are still rolling in. Harvey Weinstein, the fallen movie producer, finds that women are again lining up to accuse him of rape, crude behavior and “forcible touching.”
The latest accusation came recently from Mimi Haley who joined her attorney Gloria Allred in New York Daily News interview.
“There’s no decision yet,” Allred said when asked about Haley’s willingness to meet with law enforcement authorities probing other accusations against Weinstein.
One legal expert believes Haley accusation could lead to criminal charges against Weinstein despite having supposedly occurred over a decade ago. New York does not have a statute of limitations for first-degree unlawful sex acts. Cases which were still active on June 23, 2006, when the law was changed are allowed to be grandfathered in.
In a lawsuit filed by Dominique Huett, an aspiring New York actress, Weinstein is accused of luring her to his room at the Peninsula Hotel in 2010 under the pretext of a business meeting.
When Huett walked into Weinstein’s hotel room, she found the movie mogul clad in a bathrobe. The producer first asked for — and then demanded — she give him a massage.
Huett’s lawsuit names Weinstein Company as the sole defendant. Weinsteins brother, and co-owner claimed he had tried over the years to warn off Weinstein and suggested the mogul “modify” his behavior.
Weinstein’s behavior has thrust a new term onto the front pages.
Most forcible touching crimes are misdemeanors in New York. In some situations the crime rises to the felony level. Some forcible touching crimes might trigger sex offender status and require the offender register with the Sex Offender Registry.
If Weinstein is convicted of forcible touching, he will be required to:
- Frequently report his residential location,
- Notify law enforcement of any change of address, and
- Have updated photographs taken at the nearest police department.
If Weinstein fails to comply, he commits a felony.
What Is Forcible Touching
Forcible touching is when a person:
- Intentionally forcibly touches the intimate parts of another person for the purpose of degrading or abusing that person, or
- Gratifying the offender’s sexual desire, or
- Touches/rubs his intimate body parts, clothed or not, against any body part of another person.
New York Penal Law Section 130.52 lists forcible touching as bringing up to a one year behind bars, and the District Attorney is not allowed to offer a non-criminal plea — even for a first-time offender.
Maybe Harvey should have paid more attention to his brother.