New York – The highest court in New York overturned Harvey Weinstein’s rape conviction in 2020. This decision reversed a significant ruling from the #MeToo era, as it found that the trial judge had made an error by allowing women to testify regarding charges against Weinstein that were not relevant to the case.

Weinstein, aged 72, will continue to be incarcerated as he was found guilty of a further rape in Los Angeles in 2022. However, the recent verdict in New York brings back a distressing period in America’s confrontation with sexual misbehavior committed by influential individuals. This era commenced in 2017 when numerous accusations against Weinstein emerged.

The Manhattan district attorney’s office indicated its determination to pursue a new trial for Weinstein, perhaps requiring his accusers to once again recount their experiences under oath.

In a 4-3 judgment, the California Court of Appeals reversed Weinstein’s 23-year sentence, stating that the trial court made a mistake by allowing testimony about uncharged, alleged previous sexual actions involving individuals other than the victims of the offenses in question. The majority of the court deemed this as a “misuse of judicial discretion.”

Judge Madeline Singas expressed strong disapproval in her dissent, stating that the Court of Appeals was persisting in a troubling pattern of reversing juries’ guilty verdicts in cases related to sexual violence.

Weinstein has been incarcerated in a New York correctional facility following his conviction for engaging in non-consensual oral sex with a TV and film production assistant in 2006 and for committing third-degree rape against an aspiring actress in 2013. In the Los Angeles case, he received a 16-year prison sentence.

Arthur Aidala, the lawyer representing Weinstein, described the verdict by the Court of Appeals as a significant triumph for all individuals accused of crimes in New York state.

The office of the Manhattan district attorney expressed its commitment to make every effort to retry this case.

Harvey Weinstein’s 2020 Rape Conviction Overturned By NY Appeals Court

Lawyer Douglas H. Wigdor, who has legally represented eight individuals accusing Harvey Weinstein, including two witnesses in the New York criminal prosecution, described the ruling as “a significant regression in ensuring that those responsible for acts of sexual violence are held accountable.”

“Courts frequently allow the introduction of evidence regarding additional acts that the defendant has not been charged with, if it helps the jury to comprehend matters related to the defendant’s intention, method of operation, or overall plan.” Wigdor stated that overturning the verdict would be unfortunate because it would necessitate the victims to go through another trial, after the jury was informed of the importance of this testimony.

Debra Katz, a well-known lawyer specializing in civil rights and #MeToo cases, who advocated for multiple accusations of Weinstein, expressed that her clients are deeply devastated by the decision. However, she firmly believed and assured them that their testimonies had a profound impact on society.

“Individuals persist in stepping forward, individuals persist in providing assistance to other victims who have reported instances of sexual assault and violence, and I firmly believe that there is no possibility of reverting from this progress,” Katz stated, foreseeing Weinstein’s conviction at a subsequent trial.

She stated that the women derive immense solace from the fact that Weinstein will continue to be incarcerated.

The overturning of Weinstein’s conviction is the second significant setback for the #MeToo movement in the past two years, following the U.S. Supreme Court’s rejection of an appeal to reinstate Bill Cosby’s conviction for sexual assault, as ruled by a Pennsylvania court.

Weinstein’s conviction endured for almost four years, celebrated by activists and advocates as a significant accomplishment, but promptly scrutinized by his lawyers and, subsequently, by the Court of Appeals during the February hearings.

The accusations against Weinstein, the formerly influential and intimidating studio executive responsible for acclaimed films like “Pulp Fiction” and “Shakespeare in Love,” marked the beginning of the #MeToo movement. A multitude of women, including renowned actresses like Ashley Judd and Uma Thurman, stepped forward to accuse Weinstein. The New York trial he was involved in garnered significant media attention, with demonstrators outside the courthouse vocally accusing him of being a rapist.

Harvey Weinstein’s 2020 Rape Conviction Overturned By NY Appeals Court

Weinstein is currently imprisoned at the Mohawk Correctional Facility in New York, which is located around 100 miles (160 kilometers) northwest of Albany.

He asserts his innocence. He asserts that all sexual activity was consenting.

Aidala contended during the February appeals court hearing that Burke influenced the trial by permitting three women to provide testimony regarding charges that were not relevant to the case and by granting prosecutors the authority to question Weinstein, had he chosen to testify, about his extensive record of aggressive conduct.

Aidala contended that the additional testimony exceeded the usual permissible scope of providing information about purpose, opportunity, intent, or a common scheme or plan. Furthermore, it effectively subjected Weinstein to a trial for offenses for which he was not formally accused.

Weinstein expressed a desire to provide testimony but ultimately decided against it due to Burke’s judgment, which would have required him to answer inquiries regarding over twenty-four reported instances of misconduct spanning a period of forty years. His behavior encompassed engaging in physical altercations with his brother, forcefully overturning a table out of fury, berating waitstaff, and shouting at his subordinates.

An attorney representing the Manhattan district attorney’s office, responsible for prosecuting the case, contended that the judge’s decisions were appropriate and that the additional evidence and testimony he permitted were crucial in offering jurors a comprehensive understanding of Weinstein’s conduct and his interactions with women.

According to Appellate Chief Steven Wu, Weinstein’s acquittal on the charges of predatory sexual assault and first-degree rape, specifically related to actor Annabella Sciorra’s allegations of rape in the mid-1990s, indicates that the jurors were attentive and not confused or overwhelmed by the additional testimony.Typically, the Associated Press does not reveal the identities of individuals who claim to be victims of sexual assault unless they give their permission to be named. However, Sciorra has chosen to discuss her allegations publicly.

Harvey Weinstein’s 2020 Rape Conviction Overturned By NY Appeals Court

Last year, the Court of Appeals agreed to review Weinstein’s case following a decision by an intermediate appeals court to uphold his conviction.

Before rendering their decision, judges on the lower appellate court had expressed skepticism regarding Burke’s behavior during oral arguments. It was noted that Burke allowed prosecutors to present “highly biased testimony” from extra witnesses.

Burke’s tenure concluded at the conclusion of 2022. He was not renewed in his position and has ceased to hold the role of a judge.

Weinstein’s lawyers filed an appeal specifically requesting a fresh trial just for the charge of criminal sexual act. They contended that the rape case could not be subjected to a new trial due to the alleged behavior falling beyond the legal time limit.

SOURCE – (AP)

New Delhi, located in India, has recently been in the news. The immensely popular Chinese application TikTok may face expulsion from the United States, as legislation prohibiting the video-sharing software has obtained congressional endorsement and is currently its route to President Biden for his formal consent.

The app was prohibited in India approximately four years ago. This is a summary of the events:

Indian TikTok users stopped using the app in June 2020, according to the Chinese internet company ByteDance. New Delhi swiftly prohibited the widely used application and numerous other Chinese applications in response to a military confrontation on the India-China border.

TikTok May Be Banned In The US. Here’s What Happened When India Did It

A total of twenty Indian soldiers and four Chinese soldiers lost their lives, resulting in a significant deterioration of relations between the two major Asian powers.

The government justified its actions by citing privacy concerns and asserting that Chinese apps pose a significant risk to India’s sovereignty and security.

The decision received significant backing in India, particularly from those who had been advocating for a boycott of Chinese products following the fatal clash in the remote Karakoram mountain border area.

“Prior to this, there was a significant uproar, with the prevailing discourse questioning the permissibility of Chinese companies engaging in business activities in India while a military confrontation is ongoing,” stated Nikhil Pahwa, a digital policy specialist and the creator of the technology website MediaNama.

Pahwa noted that India had imposed restrictions on investment from Chinese enterprises just a few months before the ban. “TikTok was not an isolated incident.” Today, India has banned more than 500 apps of Chinese origin.

India has over 200 million TikTok users, the highest number outside of China. The corporation has hired a large number of Indian employees.

However, TikTok users and content providers required an alternative platform, and the ban presented a lucrative opportunity to capture a substantial market share worth billions of dollars. In a matter of months, Google introduced YouTube Shorts, and Instagram launched its Reels feature. Both emulated the concise video production at which TikTok had excelled.

“They ultimately gained a significant portion of the market that TikTok had left,” stated Pahwa.

TikTok content in India has a distinct hyperlocal nature, setting it apart. The videos showcased the lifestyles of small-town India, with content from tier 2 and 3 cities. These videos depicted individuals performing impressive feats while engaged in tasks such as bricklaying.

However, in most cases, content creators and users have transitioned to alternative platforms in the four years following the prohibition.

Winnie Sangma longs to upload videos on TikTok and get a modest income. However, following the prohibition, he transitioned to Instagram and currently boasts a following of 15,000 individuals. The procedure has largely been effortless.

TikTok May Be Banned In The US. Here’s What Happened When India Did It

“I have amassed a following on Instagram as well, and I am generating income from it. However, the experience is not comparable to what it used to be on TikTok,” he stated.

Rajib Dutta, a regular user of TikTok, subsequently transitioned to Instagram following the suspension. “It was inconsequential,” he stated.

The measure prohibiting the app has obtained congressional approval and is pending President Biden’s signature.

The measure grants ByteDance, the app’s parent firm, a nine-month period to divest it, with an additional three months if a deal is in progress. If this does not occur, TikTok will face a ban. Implementing a ban requires a minimum of one year, but the process could be prolonged due to anticipated legal disputes.

The ban in India in 2020 was implemented promptly. TikTok and other corporations were granted a period to respond to privacy and security inquiries. Subsequently, in January 2021, a permanent prohibition was implemented.

Pahwa stated that the situation in the United States is distinct. In India, TikTok opted against pursuing legal action, but the United States represents a more substantial source of revenue for the company. Furthermore, he mentioned that the First Amendment in the United States is robust, implying that it will not be as effortless for the United States to take such action as it was for India. This statement pertains to the constitutional protection of free expression in the United States.

TikTok May Be Banned In The US. Here’s What Happened When India Did It

With the increasing prevalence of Chinese applications worldwide, Pahwa emphasizes the importance of countries evaluating their reliance on China and establishing measures to diminish it since these apps can potentially threaten national security.The application is prohibited in Pakistan, Nepal, and Afghanistan, and its usage is limited in other European nations.

The Chinese intelligence and cybersecurity laws empower Chinese apps to prioritize their security concerns. Pahwa stated that this leads to mistrust and poses a risk to national security for others.

“There ought to exist distinct regulations for democratic nations and authoritarian regimes, wherein companies can function as an appendage of the state,” he said.

SOURCE – (AP)

Los Angeles  – In a lawsuit filed on Tuesday, a photographer who Megan Thee Stallion employed alleges that he was compelled to witness her engaging in sexual activity, was unjustly terminated shortly after that, and experienced mistreatment as her employee.

Photographer Alleges He Was Forced To Watch Megan Thee Stallion Have Sex And Was Unfairly Fired

Emilio Garcia, in his lawsuit filed in Los Angeles Superior Court, alleges that on a night out in 2022 in Ibiza, Spain, he was present in an SUV with the hip-hop singer when she engaged in sexual activity with another lady near him. He was incapacitated from exiting the moving vehicle, and even if he could do so, he would have found himself stranded in an unfamiliar land. According to the lawsuit, Garcia experienced feelings of embarrassment, mortification, and offense during the entire incident.

Alex Spiro, Megan’s attorney, stated that she intends to contest the complaint through legal proceedings.

“This is a monetary employment claim, without any filed allegations of sexual harassment, but with scandalous accusations aimed at embarrassing her,” Spiro stated.

According to the lawsuit, Megan admonished Garcia the following day, instructing him not to disclose what he witnessed while also criticizing and body-shaming him. The complaint alleges that Garcia, who was experiencing excessive workload, low pay, and a hostile work environment due to Megan’s possessive and abusive behavior, was wrongly categorized as an independent contractor while being treated as an exclusive employee.

According to the lawsuit, Garcia discussed those concerns with Megan during their conversation and was terminated the next day after working for her for four years. Subsequently, he lodged a job discrimination lawsuit with the California Civil Rights Department.

Photographer Alleges He Was Forced To Watch Megan Thee Stallion Have Sex And Was Unfairly Fired

The lawsuit, initially disclosed by NBC News, names Megan, legally known as Megan Pete, her enterprises Megan Thee Stallion Entertainment and Hot Girl Touring and her record label, Roc Nation, as the defendants. No defense answer has been submitted yet. A representative of Roc Nation should have responded more promptly to an email requesting comment.

Garcia is pursuing monetary compensation, which will be assessed during the trial. He claims to have had significant emotional and bodily harm as a result of his treatment at work, his termination, and seeing the incident in the SUV.

Megan, a 29-year-old woman, was previously embroiled in a significant legal controversy. She endured a deluge of online harassment after being shot by rapper Tory Lanez. A jury determined that Lanez had fired at her feet while they were on a street in the Hollywood Hills in 2020. She provided testimony throughout the trial, which led to the conviction of Lanez on three felony charges. Subsequently, a court imposed a 10-year prison sentence on him.

Photographer Alleges He Was Forced To Watch Megan Thee Stallion Have Sex And Was Unfairly Fired

Megan was already a prominent emerging artist at the time of the shooting and has achieved immense success as one of the most prominent figures in hip-hop. In 2021, she won a Grammy for the best new artist category. Additionally, she attained the top position on the music charts with her tracks “Savage,” featuring Beyoncé, and as a featured artist on Cardi B’s “WAP.”

SOURCE – (AP)