Convicted rapist Harvey Weinstein is claiming New York’s Child Victims Act is unconstitutional — in a bid to get a court to toss accusations that the fallen movie mogul sexually abused a woman nearly 20 years ago when she was just 16, court papers show. Weinstein’s right to due process was violated when Kaja Sokola …
Convicted rapist Harvey Weinstein is claiming New York’s Child Victims Act is unconstitutional — in a bid to get a court to toss accusations that the fallen movie mogul sexually abused a woman nearly 20 years ago when she was just 16, court papers show.
Weinstein’s right to due process was violated when Kaja Sokola — a former model and aspiring actress from Poland — filed suit against him in December under the CVA, despite the fact that her claims of abuse are from 2002 and would normally be time-barred, the film producer’s lawyers said in court papers from last week.
The 68-year-old convicted rapist vehemently denies Sokola’s claims that he sexually abused her in his Big Apple apartment and also denies that he met her when she was 16, the court documents say.
“An indisputable timeline of events, corroborated by other evidence, will refute her claims of abuse,” Weinstein’s lawyer Imran Ansari wrote in Manhattan Supreme Court papers seeking to dismiss Sokola’s case.
But Weinstein — who was sentenced to 23 years in prison for the rape and sex abuse of two women — says the suit should be tossed out anyway since “The CVA is unconstitutional,” Ansari said in the court documents.
The law was passed in February 2019 and opened up a look-back window that allowed victims of childhood abuse to bring claims regardless of when the alleged incidents occurred.
“Nearly 18 years after the alleged wrongdoing, Weinstein is being asked to defend a case with salacious verbal allegations made by Sokola against him, where there may be diminished evidence available in his defense due to the passage of time, while already suffering from a vilified public image,” Ansari wrote in the court filing.
The case would essentially hinge on Sokola and Weinstein’s separate “abilities to accurately recall … the details of alleged isolated conversations and incidents that allegedly occurred in 2002,” all while Weinstein claims these events never even happened, the court papers say.
Weinstein — who has been accused by more than 100 women of sexual misconduct and harassment — has been put “in a troubling situation, where his ability to defend against allegations he vehemently denies is hindered due to the passage of time,” Ansari argued in the court papers.
The Long Island Diocese of Rockville Centre brought similar arguments against the CVA in its November lawsuit, claiming the law was unconstitutional. It is appealing a lower judge’s decision to toss the case.
Sokola’s lawyer, Kevin Mintzer, said, “Mr. Weinstein’s claim that the Child Victims Act is unconstitutional is wrong and has already been rejected in court.
“His attack on Ms. Sokola is disgusting and has as much credibility as everything else he says: none at all. We look forward to holding him accountable in this case, as well his corporate enablers.”
The fallen Hollywood tycoon also faces a criminal case in Los Angeles for allegedly raping and sexually assaulting three women.