What Is Third Degree Rape? Weinstein Charges Explained

Skip navigation!ADVERTISEMENTStory from NewsADVERTISEMENTWhat Is Third Degree Rape? All The Charges Against Harvey Weinstein, ExplainedBrianna ProvenzanoLast Updated 25 February 2020, 6:56 Photo: Spencer Platt/Getty Images.On Monday, Harvey Weinstein was found guilty of 1st-degree criminal sexual acts and 3rd-degree rape in New York. The verdict comes after a protracted criminal trial in which six women had testified against the disgraced Hollywood film producer on a total of five felony charges. Although he was convicted on two counts, the former movie mogul was also acquitted on three other, more serious charges.Following the announcement of the verdicts, Weinstein was remanded into custody until a sentencing hearing scheduled for 11th March, where the charges he was convicted of could land him up to 25 years in prison.AdvertisementADVERTISEMENTSeparate from the criminal charges he faced in court, Weinstein had been accused of sexual misconduct in some form by at least 100 women, spurring the #MeToo movement in the fall of 2017 that forced Hollywood to reckon with a gendered power imbalance and a culture of rampant sexual harassment. In the wake of the news, many of his accusers — and allies to survivors — reacted on social media to the news of Weinstein's conviction, though he was not found guilty on all charges.The complexities of each charge are vast, and involved harrowing testimonies from women who accused Harvey Weinstein of rape and sexual assault. Below, we've detailed every charge against Weinstein, what they mean, and what each verdict was.

Count 1: Predatory sexual assault

Predatory sexual assault charges are handed down in combination with charges of rape or criminal sexual act in the first degree. Although six women testified before the jury, the statute of limitations allowed for only five official charges for Weinstein stemming from accusations made by two women in particular: Miriam Haley and Jessica Mann. For each of the two more serious charges of predatory sexual assault that Weinstein faced, a third woman, former Sopranos actress Annabella Sciorra, also took the stand to help prosecutors establish that Weinstein had committed prior sex crimes in the same vein. This amounted to the charge of predatory sexual assault, which Weinstein was not held accountable for in the final verdict.AdvertisementADVERTISEMENTVerdict: Not Guilty.

Charge 2: Criminal sexual act in the first degree

Weinstein was found guilty of criminal sexual acts in the first degree, which is levied when a person forces a victim to engage in either oral or anal sexual conduct. The charges stemmed from accusations made by TV and film production assistant Miriam Haley, who had testified that Weinstein forced her to perform oral sex on him at his New York City apartment in 2006. “I rejected him, but he insisted,” Haley told jurors. “Every time I tried to get off the bed, he would push me back and hold me down. He pushed me down, he held me down by my arms. At that point, I started realizing what was actually happening.”Verdict: Guilty.

Charge 3: Predatory sexual assault

Weinstein was also found not guilty on a second count of predatory sexual assault made by former actress Jessica Mann. When she took the stand to address jurors for the first time on 3rd February, Mann collapsed into tears and began hyperventilating before being escorted from the New York City courtroom. Mann’s experience had made for a thorny case for prosecutors, as her relationship with Weinstein had reportedly involved consensual sex separate from the rape allegations she had made against him.Verdict: Not Guilty.

Charge 4: Rape in the first degree

Weinstein was also cleared on the more serious charge of rape in the first degree on Monday — a count that would have carried with it a potential maximum sentence of 25 years in prison. Rape in the first degree is established when a person engages in intercourse with another person by "forcible compulsion" through the use of physical force or threats. The charge was brought on by Weinstein's encounter with Jessica Mann, as detailed above.AdvertisementADVERTISEMENTVerdict: Not Guilty.

Charge 5: Rape in the third degree

On a separate charge of rape in the third degree — which is established when a person engages in sexual intercourse without first receiving proper consent — Weinstein was found guilty. This charge was also brought on by Jessica Mann, and the verdict will require him to register as a sex offender for the rest of his life.Verdict: Guilty.AdvertisementADVERTISEMENT UnbotheredMen, Your Reaction To Abuse Allegations Says More About You Than ...It’s been a heavy week online as stories of abuse involving high-profile men and Black women in the public eye have resurfaced and unfolded in real time.by Susan AkyeampongUS Election 2024Donald Trump Wins The PresidencyDonald Trump has won the presidency — this time, as the first convicted felon to become president of the United States. Trump, who is also the oldest perby Refinery29 StaffUS Election 2024Election Stress Disorder Is A Thing — Here’s How To CopeThis article was originally published in November 2020 and has been updated. With counting underway in the 2024 US presidential election, you may be feelinby Elizabeth GulinoAdvertisementADVERTISEMENTWellnessPlease Stop Saying “Natural” When Discussing ChildbirthYesterday during my 36-week pregnancy appointment, my doctor started to perform the standard late-pregnancy cervical exam, but she couldn’t finish it becby Natalie GontcharovaUnbotheredAs We Mourn The Death Of Lauren Smith-Fields, Where Is The Justic...Black TikTok influencer Lauren Smith-Fields was found dead in her apartment on December 12. As the 23-year-old’s family continues to dig for answers overby Stephanie LongClimateNew Climate Change Report Confirms: Everything’s Terrible, ...A major United Nations (UN) scientific report has concluded what any sentient being has long known to be true: Global warming is not only real, it is gettiby Danielle CampoamorNewsShould Wealthy Countries Give COVID Booster Shots When Other Coun...On Wednesday, the World Health Organization called for a moratorium on wealthy nations distributing COVID-19 booster shots to already vaccinated people, duby Erin CorbettOlympicsAt 7, Rayssa Leal Went Viral For Skateboarding In A Fairy Princes...On Monday, 13-year-old Rayssa Leal won the silver medal during the Tokyo Olympics‘ first women’s street skateboarding event. Medaling for Braziby Asia EwartNewsWe Have A Lot Of Questions About That Bizarre Olympics Opening Ce...The delayed Tokyo 2020 Olympic Games finally kicked off on Friday with the traditionally over-the-top opening ceremony. And as SNL’s Stefon would sayby Danielle CampoamorNewsSpelling Bee Champ Zaila Avant-garde Might Be The Most Interestin...After 93 years of National Spelling Bee competitions, a Black American student is walking away with the trophy for the first time ever. 14-year-old Zaila Aby Danielle CampoamorNewsThe Olympics Don’t Care About Black Athletes. They Never Did.In late June, sprinter Sha’Carri Richardson ran the 100m dash in just 10.86 seconds, quickly becoming a favourite to win the gold in the upcoming Tokby Erin CorbettNewsDarnella Frazier Says Her Uncle Was Killed During A High Speed Po...Just weeks after receiving a Pulitzer Prize special citation for filming the police murder of George Floyd, Minneapolis teenager Darnella Frazier wrote thaby Lydia WangAdvertisementADVERTISEMENTADVERTISEMENTADVERTISEMENT