Harsh criticism is aimed at the New York State Court of Appeals from sexual assault survivors, advocates and others after it overturned the 2020 rape conviction of Harvey Weinstein.

The once-powerful Hollywood producer will get another chance in court, granted by the New York Court of Appeals on Thursday as it overturned Weinstein’s conviction of first-degree criminal sexual act and third-degree rape that brought a 23-year prison sentence.

In a four to three vote, the court ruled the testimony of “prior bad acts” witnesses should not have been allowed.

“This is a sad day for women all across New York state,” said former Erie County District Attorney John Flynn.  

Flynn explained the ruling.

“The principle is that you cannot introduce evidence at trial regarding the defendant’s prior bad acts, or prior crimes in general,” he said. “Now, there are a number of exceptions to that rule.”

Survivors are reacting and standing their ground. In fact, the group Model Alliance said this court action has them more fired up than ever to convince lawmakers to pass the Fashion Workers Act.

“The Fashion Workers Act would have protected someone like me who was sent by my agent to a meeting with a known predator and associate of Weinstein’s. It would establish basic labor protections and establish a zero-tolerance policy for abuse within the fashion industry,” said Sara Ziff, a survivor and Model Alliance board member.

“As a survivor, I am sickened and appalled by today’s decision by the New York State Court of Appeals,” said Carré Otis. “As an advocate, I’m fired up.”

“I also feel that this overturned verdict is a gut punch,” said survivor Marissa Hoechstetter. “But in some ways, it’s predictable because we have come as survivors to learn to become incredibly disappointed by the legal system.”

As part of the ruling, a new trial has been granted.

“These poor women who were victimized by this monster are going to have to go through this all over again,” Flynn said. “Obviously, the initial trauma of what happened to them in those bedrooms, in those hotel rooms, was tragic enough, but having to do this in a public trial, in a public setting once, now twice, is going to be, quite frankly, awful."

Weinstein maintains his innocence. He contends any sexual activity was consensual.

He is incarcerated in New York’s Mohawk Correctional Facility. Weinstein will remain imprisoned because he was convicted in 2022 of another rape in Los Angeles and sentenced to 16 years.

“The headline should [be] after Harvey Weinstein’s conviction overturned [that] sexual abuse victims in New York are now going to be victimized again and again and again,” Flynn said.

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.

The Court of Appeals agreed last year to take Weinstein’s case after an intermediate appeals court upheld his conviction. Prior to their ruling, judges on the lower appellate court had raised doubts about Judge James Burke’s conduct during oral arguments. One observed that Burke had let prosecutors pile on with “incredibly prejudicial testimony” from additional witnesses.

Burke’s term expired at the end of 2022. He was not reappointed and is no longer a judge.

In appealing, Weinstein’s lawyers sought a new trial, but only for the criminal sexual act charge. They argued the rape charge could not be retried because it involves alleged conduct outside the statute of limitations.

The Associated Press contributed to this report.