Harvey Weinstein’s days as a free man are numbered. Last week, the NYPD’s first detective revealed that investigators believe they have enough evidence to charge Weinstein with rape for reportedly twice attacking actress Paz de la Huerta in 2010 at her apartment, and revealed that an indictment could be approved by a grand jury as soon as this week.
So far, 84 women have come forward with allegations of rape, groping and harassment at the hands of Harvey Weinstein, whether he will face jail time will be determined in part by the statute of limitations where the alleged crimes were committed.
According to the Hollywood Reporter, many of the cases likely will go unprosecuted for having been reported too late. At least, that’s what French authorities seem to believe is the case for incidents at the Cannes Film Festival. That leaves L.A., Sundance home Park City, London and NYC, and the latter is considered by experts as the jurisdiction most likely to file charges.
After it surfaced that Manhattan District Attorney Cyrus Vance Jr. quashed a NYPD investigation into Weinstein back in 2015, and then took a campaign donation from one of Weinstein’s lawyers, The NYPD is believed to be the jurisdiction most likely to prosecute – and is the only one of the investigations in at least four municipalities – including an investigation at the FBI – that appears to be nearing an arrest.
Vance, facing criticism for choosing not to seek indictment after the producer was caught on tape admitting to groping model Ambra Battilana Gutierrez in 2015, is a politician, and knows that even his relatively comfortable seat in the Manhattan DA’s office would be vulnerable if he didn’t seek some kind of political penance.
The experts seem to agree.
"Given that district attorneys are elected, as a general matter they can be more susceptible to political pressure," says federal prosecutor turned entertainment litigator Mathew Rosengart.
However, Weinstein's lawyers – Hollywood go-to defense attorney Blair Berk and Manhattan attorney Benjamin Brafman, whose résumé includes a dismissal of sexual assault charges against former IMF head Dominique Strauss-Kahn – insist an indictment isn't imminent.
But the NYPD has been assiduously clear. Investigators expect to arrest Weinstein soon – maybe today even.
But the Manhattan DA’s office might not be the only one to press charges, according to the Hollywood Reporter.
LOS ANGELES
California eliminated the statute of limitations on rape this year, but that generally applies only to crimes committed after Jan. 1, 2017. Before that, it was 10 years, and there are several women whose accounts may fall within that window — including actress Dominique Huett, who has filed a civil suit. The Beverly Hills Police Department and LAPD are actively investigating complaints, and on Nov. 9, L.A. District Attorney Jackie Lacey announced a special task force of veteran sex-crime prosecutors to evaluate entertainment-industry cases referred to her office.
PARK CITY
Even though Rose McGowan's allegation that Weinstein raped her dates to 1997, because of Utah's complicated statute of limitations, she still could file a police report. In a nutshell, the hourglass empties only while the offender is in the state (and the statute was eliminated entirely in 2008). Because Weinstein spent only a few weeks a year in Utah for the Sundance Film Festival, the actress' claim still would be viable. McGowan hasn't said whether she intends to pursue a criminal case, but it seems she has as much time as she needs to decide.
LONDON
Though its official policy prohibits naming a suspect until charges are filed, Scotland Yard is believed to be conducting an investigation — dubbed Operation Kaguyak — into allegations against Weinstein by eight women going back to the 1980s. (While Norwegian model-actress Natassia Malthe has publicly accused Weinstein of rape, she has not confirmed that she reported the incident to police.)
NEW YORK CITY
Police and prosecutors here have been the most vocal about their investigation. On Nov. 3, NYPD Chief of Detectives Robert Boyce said his department has "an actual case" against the producer and described Paz de la Huerta's account of two 2010 rapes as "credible." They need a court order to arrest an out-of-state suspect — Weinstein traveled to Phoenix for rehab in October — so investigators are gathering evidence. "If this person was still in New York and it was recent, we would go and make the arrest."
Weinstein is reportedly hiding out in Arizona as he waits to learn his fate. He has been hit by dozens of civil lawsuits, and his former company, Weinstein Co., appears to be on the verge of bankruptcy. Lenders that had considered throwing the company a lifeline have since reconsidered.
Given the difficulty of prosecuting sex crimes, Weinstein may well retain his freedom. But Weinstein has one factor working against him that wasn’t present in the trial of Bill Cosby: Time. Some of Weinstein’s alleged assaults were committed relatively recently. And statutes of limitation have not run out.
via http://ift.tt/2AIwW72 Tyler Durden