New York Allows Past Sexual Assault Evidence in Trials Following Weinstein Case

A bill introduced to the New York Assembly will allow prosecutors to use a defendant’s prior sexual assault history to be used as evidence in a sexual assault proceeding, allowing prosecutors to establish a pattern of behavior of a defendant’s “bad acts.”

Sponsored by Democratic Assemblywoman Amy Paulin, who has openly shared her experience as a rape survivor and Democratic State. Sen. Mike Gianaris, the bill was written in direct response to the overturning of Harvey Weinstein’s sex crimes conviction in New York. In a 4-3 ruling, the New York Court of Appeals overturned the Hollywood producer’s charges because the judge allowed women to testify about allegations not included in the case, giving the jury a prejudiced view of Weinstein.

“What that decision exposed is that the law required clarity — nowhere does New York state law answer this question,” Gianaris told CNN. “We want to make it clear that this should be allowed.”

However, Manhattan prosecutors said they intend to retry Weinstein in the case this year. Weinstein, who was also convicted and sentenced to 16 years in prison in California, was recently transferred to the Bellevue Hospital Prison Ward. Similarly, the California prosecutors used  “prior bad acts” as witnesses. That conviction was also appealed by Weinstein.

“I think it’s important for the New York Legislature to pass a specific statute in New York, which more clearly defines the admission of ‘prior bad acts’ witnesses and their testimony in New York, and is more protective of victims’ rights in sex crimes criminal cases,” attorney Gloria Allred, who represented one of Weinstein’s victims, said.

Current evidence rules are based on case law and a small number of rules in the criminal procedure code.

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However, the bill faces criticism, as there are more concerns that including past evidence may lead to more biased juries, according to Amanda Jack, policy director for the criminal defense practice at the Legal Aid Society.

With just a month left in the legislative session, the bill was introduced late, but the co-sponsors are hopeful they can get it on to Gov. Kathy Hochul’s (D-NY) desk.