Harvey Weinstein trial: What charges is he still facing and what does third degree rape mean?

Harvey Weinstein has been found guilty of third degree rape and sexual assault following an historic trial in New York.

The once-powerful film producer was found guilty of two charges on February 24 at the landmark trial which involved harrowing and graphic testimony from a string of accusers.

The 67-year-old was acquitted on the most serious charge - predatory sexual assault - which carried a potential life sentence. He was also cleared on first degree rape.

He pleaded not guilty to all charges and has always denied any accusations of non-consensual sex.

What are the allegations made against Harvey Weinstein?

Weinstein was facing allegations that he raped one woman in a Manhattan hotel room in 2013 and performed a forcible sex act on a different woman in 2006.

While more than 80 women have made claims of sexual harassment or assault against the movie mogul, these two were at the centre of his criminal trail in New York.

In October 2017, the New York Times and the New Yorker both published articles, revealing decades of alleged sexual misconduct by Weinstein.

After the bombshell articles, a flood of actresses, models and former assistants came forward, speaking out about their own allegations against the film producer.

This sparked the #MeToo movement which saw women in industries worldwide opening up about their own claims as victims of sexual misconduct, harassment and assault.

In May 2018, Weinstein was arrested in New York where he was charged with rape and other offences.

There are still ongoing criminal investigations into further complaints against him in London, New York and Los Angeles.

And he has been settling many more civil law suits brought by his accusers as well.

On January 6, 2020, LA County District Attorney announced charges against Weinstein for allegedly raping one woman and sexually assaulting another in 2013.

What is third degree rape and what has the ex-movie producer been charged with?

At his trail, Weinstein was facing five charges and on February 24, he was acquitted of three counts and convicted of two.

The 67-year-old was found guilty of third degree rape and a criminal sex act, which could see the Miramax co-creator face up to 25 years in prison, with a minimum of four years when he is sentenced on March 11.

He was found not guilty on two counts of the most serious charge - predatory sexual assault - which carried a potential life sentence. He was also cleared on a charge of first degree rape.

Under the New York Penal Code, out of the three degrees of rape, first degree is the weightiest and third degree is the least.

In New York a person is guilty of third degree rape if they engage in non-consensual sex with another person.

But to convict a defendant of rape in the first degree, the prosecutor must show that they subjected the victim to non-consensual intercourse through forcible compulsion or that the victim was incapable of consent by reason of being physically helpless.

Both the third degree and first degree rape charges in Weinstein's case stemmed from allegations by former aspiring actress Jessica Mann, who claimed that Weinstein raped her at a Midtown East hotel in 2013.

He was convicted of the lesser third degree rape charge and acquitted of the first degree rape charge.

The first-degree criminal sexual act conviction stems from allegations by former Project Runway production assistant Mimi Haleyi that Weinstein.

She claimed he forcibly performed oral sex on her at his Soho apartment in 2006. He was also found guilty of this first degree offence.

The two predatory sexual assault charges related to Ms Mann and Ms Haleyi's allegations as well as that of actress Annabella Sciorra, who testified that Weinstein raped her in late 1993.

Predatory sexual assault is just one of two sex crimes classified as Class A-II felony, which is the most serious type of crime. The other is predatory sexual assault against a child.

According to New York Penal code, a person can be found guilty of predatory sexual assault if a jury determines they have committed a first-degree rape, criminal sexual act or aggravated sexual abuse against more than one other person.

Ms Sciorra’s allegation added another potential first-degree offence, which could have built up to a conviction of predatory sexual assault.

Had jurors found that Ms Sciorra’s allegation constituted either a first-degree rape or criminal sexual act, in addition to the first-degree charges from Ms Haleyi’s allegation (or Ms Mann's had Weinstein had been convicted of first-degree rape) then it would have constituted predatory sexual assault.

As he was only found guilty of one first degree charge, he could not be convicted of predatory sexual assault.

Throughout his trail, Weinstein’s defence maintained that he never had non-consensual sex with any woman.

What other charges does he face in LA?

On January 6, 2020, the Los Angeles County District Attorney announced further criminal charges against Harvey Weinstein as he was facing his trail in relation to the separate allegations in New York.

In LA, he is accused of allegedly raping one woman and sexually assaulting another in separate incidents over a two-day period in 2013.

Weinstein is charged with one felony count each of forcible rape, forcible oral copulation, sexual penetration by use of force and sexual battery by restraint.

The charges allege that on February 18, 2013, Weinstein went to a hotel and raped a woman after pushing his way inside her room.

The next evening, the defendant is accused of sexually assaulting another woman at a hotel suite in Beverly Hills.

Prosecutors are recommending bail be set at $5 million and if convicted as charged, the defendant faces up to 28 years in an LA state prison.