One of Harvey Weinstein’s accusers broke down in tears and swore on the witness stand as a sexual abuse trial continues.
Warning: This article contains references to sexual assault
Miriam Haley claims the former Hollywood mogul forced oral sex on her in July 2006.
The case is being retried after the appeals court overturned his conviction last year.
She was working as a production assistant at the time.
Weinstein has strenuously denied all allegations, and Ms Haley also testified at Weinstein’s initial trial.
The 48-year-old was testifying in a Manhattan court when Weinstein’s defence lawyer Jennifer Bonjean questioned her account of the incident.
In court, Ms Bonjean asked why Ms Haley would agree to Weinstein’s invitation to his apartment after testifying about his previous behaviour, including her alleging that he barged into her home.
Ms Haley then became emotional after being asked how her clothes came off before Weinstein allegedly pulled out a tampon and performed oral sex on her.
She said Weinstein took off her clothing, but she didn’t recall the details, before Ms Bonjean asked: “You removed your clothes, right?”
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Ms Haley then told jurors that Weinstein “was the one who raped me, not the other way around” – to which his lawyer said: “That is for the jury to decide.”
She then started crying and said: “No, it’s not for the jury to decide. It’s my experience. And he did that to me.”
Sky’s US partner network NBC News reported that Ms Haley said during the exchange: “Don’t tell me I wasn’t raped by that f*****g asshole.”
Judge Curtis Farber then halted questioning and sent jurors on a break. Ms Haley’s eyes were red and her face was glistening as she left the witness stand.
In February 2020, Weinstein was found guilty of sexually assaulting Ms Haley – along with raping former actor Jessica Mann in a New York hotel in 2013 – and sentenced to 23 years in prison.
His conviction for the two crimes was overturned in April after an appeals court ruled the trial judge unfairly allowed testimony against Weinstein based on allegations that weren’t part of the case.
After the appeal ruling, Weinstein was charged with raping one woman and forcing oral sex on two others.
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Two of the charges are those he faced during the original trial, while the third – one of the charges of forcing oral sex on Kaja Sokola – was added last year.
Weinstein denies all allegations, and his lawyers argue his accusers had consensual sexual encounters.
Regardless of the outcome of the retrial, he will remain in prison over a 2022 conviction in Los Angeles for a separate count of rape. His lawyers are also appealing this sentence.
