The Manhattan D.A.’s office filed its opposition on Wednesday to Harvey Weinstein’s motion to dismiss his rape case, rebutting Weinstein’s claims that grand jurors were kept in the dark about his consensual relationship with one of the accusers.
Weinstein’s attorney, Ben Brafman, has sought to have the whole case thrown out because the prosecution did not share affectionate emails between Weinstein and the alleged victim. The motion is set to be heard in a New York courtroom on Sept. 20.
In its opposition, the D.A.’s office argued that it provided “a full and fair account of the relationship between defendant and the victim both before and after the charged rape.”
“Defendant does not allege, because he cannot, that any of the emails contain a denial of the charged rape,” the prosecutors wrote. “Rather, defendant claims that, at most, the emails could suggest a state of mind inconsistent with what defendant feels should be that of a rape victim.”
Weinstein faces six charges of rape and other sex crimes involving three victims. He could face life in prison if convicted.