New York State Senate Passes Bill to Allow Evidence of Prior Sexual Offenses in Sex Crimes Cases

(CTN News) – The New York State Senate passed a bill on Wednesday that allows evidence of prior sexual offenses in sex crimes prosecutions, changing the legal criteria that Harvey Weinstein used to appeal his rape conviction.

The Senate approved the bill 55-4. The idea is now headed to the state Assembly.

Lawmakers began pressing the proposal weeks after the state’s highest court overturned Weinstein’s conviction, finding that a trial judge improperly permitted women to speak about assault allegations that were not part of Weinstein’s criminal proceedings.

The state allows such evidence to prove a motivation or plan in certain circumstances, although the regulations are based on existing judicial precedent rather than state law.

Background and Motivation for the New York Bill

The law would clarify that evidence of previous sexual offenses can be considered in sex crimes hearings, even if those claims are not directly related to the underlying criminal charges. The idea would also give judges the authority to deny such testimony if it would cause “undue prejudice” against a defendant.

Sponsors of the bill claim that its phrasing is close to a standard adopted by the federal government and more than a dozen other states.

The Legal Aid Society, which provides free legal assistance, has cautioned that the move might confuse juries by permitting too much outside evidence during trials, resulting in unfair convictions.

Weinstein has rejected the allegations filed against him in New York, which include allegedly raping an aspiring actor and sexually abusing a production assistant. His 2020 conviction marked a watershed milestone in the #MeToo movement. He is scheduled to be retried in September.

The disgraced movie mogul was convicted of rape in California and sentenced to 16 years in prison. He remains imprisoned in New York.