Harvey Weinstein's New York rape conviction is overturned as appeals court rules he didn't have a fair trial

Harvey Weinstein has had his New York rape conviction overturned.

The New York Court of Appeals ruled that the disgraced movie producer did not receive a fair trial when he was convicted of rape and sexual assault in 2020.

It is unclear if the bombshell ruling will free him from prison as he still has another conviction in Los Angeles for a separate rape.

Weinstein has been serving 23 years in a New York jail for two sex attacks. He was handed a further 16 years following his conviction in LA in 2022.

His team in California his appealing the decision and should that be overturned, he could walk free until the new trial.

Weinstein became the face of the #MeToo movement after dozens of women came forward alleging sexual abuse. 

In a 4-3 decision, the New York court determined that the original trial judge had made an error in allowing women to testify who were not part of the case.

A new trial has been ordered which could see accusers take to the stand once again. 

Weinstein, 72, was convicted in New York for two attacks in 2006 and 2013, which have now been overturned. 

Weinstein was convicted of third degree rape and criminal sexual act, but was acquitted of first degree rape and two counts of predatory sexual assault.

The third degree rape conviction applied to aspiring actress Jessica Mann, over an attack in a Manhattan hotel room in 2013.

The sexual assault applied to film production assistant Mimi Haleyi who said he forcibly performed oral sex on her in his apartment in 2006.

The predatory sexual assault charge, which was the most serious, incorporated Sopranos actress Anabella Sciorra's allegation that she was raped by Weinstein in her Manhattan apartment in the mid-1990s. 

Sciorra's allegation was too old to be charged on its own because of the statute of limitations, but jurors had to consider it as a basis for charges alleging Weinstein is a sexual predator. 

In total, six women took to the stand to give harrowing accounts of alleged abuse.

Costume designer Dawn Dunning, model Tarale Wulff and actress Lauren Marie Young were among those who testified they were enticed into meeting Weinstein for professional reasons and then groped or raped.

Weinstein was acquitted in Los Angeles on charges involving one of the women who testified in New York. 

Weinstein's lawyers argued Judge James Burke's rulings in favor of the prosecution turned the trial into '1-800-GET-HARVEY.' 

The reversal of his conviction is the second major #MeToo setback in the last two years, after the U.S. Supreme Court refused to hear an appeal of a Pennsylvania court decision to throw out Bill Cosby's sexual assault conviction.

Weinstein's conviction stood for more than four years, heralded by activists and advocates as a milestone achievement, but dissected just as quickly by his lawyers and, later, the Court of Appeals when it heard arguments on the matter in February.

New York State of Appeals Chief Judge Janet DiFiore ruled that Weinstein's appeal could proceed in 2022.

At the time his lawyer Arthur Aidala argued that women who did not form part of the criminal allegations should not have been allowed to take the stand and testify about alleged sex abuse by his client.

He also alleged that one juror did not disclose they'd previously written a book on sexual predators, which he said should have disqualified them from serving. 

Weinstein denied the charges against him and insisted that his relations with the women were consensual.

More than 80 women accused the Oscar-winning producer of sexual assault and harassment. 

More to follow...