Harvey Weinstein Asks Court to Certify Appeal to Dismiss Sex Trafficking Claim

Posted on 21 February, 2019 at 10:30

Acccording to Courthouse News Service, attorneys for Harvey Weinstein are seeking a stay and permission to file an interlocutory appeal to the Second Circuit Court of Appeals. Mr. Weinstein's attorneys want an immediate review of a district court order which refused to dismiss claims of sex trafficking against the producer.

The case is one in which an actress, Kadian Noble, claims Weinstein lured her into a hotel room and sexually assaulted her. She alleges that while the assault was taking place, she was told that "everything will be taken care of for you if you relax." Weinstein moved to dismiss the sex trafficking claim and the district court denied the request. The district court judge "concluded that the proverbial casting couch, in which women are asked to trade sex for Hollywood opportunities, could be considered a 'commercial sex act''' and therefore could constitute sex trafficking under the statute.

Weinstein's attorneys want the Second Circuit to decide what constitutes a "commercial sex act." They are arguing that normally "the promise to be free from harm or conduct that threatens the victim's physical well-being and livelihood" is the basis for a claim under the sex trafficking statute. They further argue that nothing of value was exchanged because "career-making and life-changing’ film role" is not what is contemplated under the statute.

Written by:   Alexandra Siskopoulos, Esq.

Telephone:   (646) 942-1798

Email:          [email protected]

If you have a civil appeal or criminal appeal and would like to speak with an appellate attorney at Siskopoulos Law Firm, LLP, contact us at either (646) 942-1798 or (617) 959-1628.

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