Harvey Weinstein retrial: 'He had all the power,' prosecutor tells court as opening statements begin

The retrial of Harvey Weinstein has begun in New York - with a prosecutor telling the court the former Hollywood mogul used "dream opportunities as weapons" to prey on the three women accusing him of sexual abuse.

The case is being retried five years after the landmark #MeToo case against the producer, who was once one of the industry's most powerful figures, after the appeals court last year overturned his conviction.

Weinstein, who is now 73, is charged with raping one woman and forcing oral sex on two others. He has strenuously denied the allegations.

Two of the charges are those he faced during the original trial, while the third - one of the charges of forcing oral sex - was added last year.

Following a lengthy jury selection process due to the high-profile nature of the retrial, the prosecution has now opened its case at the same courthouse in Manhattan - and publicly identified the third woman, Kaja Sokola, for the first time, detailing her allegations.

She alleges she was sexually assaulted and was wary of Weinstein, but also wanted to remain on good terms as he dangled the possibility of an acting career.

Attorney Shannon Lucey told the court the Oscar-winning producer and studio boss used "dream opportunities as weapons" against the female accusers.

"The defendant wanted their bodies, and the more they resisted, the more forceful he got," she said.

Weinstein had "enormous control over those working in TV and film because he decided who was in and who was out," the court heard. "He had all the power. They had none."

Dressed in a dark suit and navy tie, the former producer listened to the prosecution's statement after arriving in court in a wheelchair, as he has done for his recent appearances.

"He knew how tempting promises of success were," Ms Lucey told the court. "He produced, he choreographed, he therefore directed, their ultimate silence for years."

What are the new allegations?

Prosecutors say Ms Sokola met Weinstein in 2002 after travelling alone to New York for a modelling trip when she was 16.

He invited her to lunch to discuss potential acting jobs but detoured to his apartment and demanded she take off her shirt if she wanted to make it in the industry, she alleges. He then fondled her while making her touch him, she claims.

The court heard Ms Sokola and Weinstein stayed in touch over the next few years. He arranged for her to be an extra in the film The Nanny Diaries, jurors were told, and she invited him to lunch with her sister, who was visiting her.

Afterwards, he allegedly asked her to see him in a hotel room in Manhattan, saying he had scripts for her to see. He then asked her to undress, held her down on a bed, and forced oral sex on her as she tearfully begged for him not to do so, Ms Lucey told the court.

Ms Sokola was photographed with Weinstein and a third person at an event in the weeks after, and his company wrote her a recommendation letter for acting school, jurors heard.

Power imbalances often "cause victims to behave in ways that laypersons possibly might not expect", Ms Lucey told the court.

'The casting couch is not a crime scene'

Weinstein's defence lawyer Arthur Aidala also gave his opening statement, pushing back on the prosecution's allegations and saying the accusers were willing partners.

"The casting couch is not a crime scene," Mr Aidala told the court. Weinstein had "mutually beneficial" relationships with his accusers, who ended up with auditions and other show business opportunities, he said. "They realised very quickly: Harvey Weinstein, he's got the key to that room where they all want to go."

The court heard that after allegations emerged against Weinstein in 2017, Ms Sokola sued.

Mr Aidala said Ms Sokola and the other accusers were "trying to take advantage of Mr Weinstein when he was at the top", then benefited from making allegations "when he was headed toward the bottom".

The opening statements got under way after the last jurors were finally picked on Tuesday, more than a week after the selection process began.

Prospective jurors were questioned about their backgrounds, life experiences and various other points that could potentially impact their ability to be fair and impartial about a case that has been so highly publicised. They have also been asked privately about their knowledge of the case and opinions on Weinstein.

Seven men and five women have been chosen to hear the trial.

The Associated Press generally does not identify people alleging sexual assault unless they consent to be named, as Ms Haley, Ms Mann and Ms Sokola have done.

Why is there a retrial?

In 2020, Weinstein was sentenced to 23 years in prison after being found guilty of sexually assaulting ex-production assistant Mimi Haley in 2006 and raping former actor Jessica Mann in 2013.

But in April 2024, New York's highest court overturned the convictions due to concerns of prejudicial testimony and that the judge in the original trial had made improper rulings.

Prosecutors announced a retrial last year and the separate charge concerning Ms Sokola, who was not part of the original trial, was later added.

Weinstein has pleaded not guilty to all charges and denies raping or sexually assaulting anyone.

Read more:
What has happened to the #MeToo movement?
Harvey Weinstein sues his brother Bob

At a preliminary court hearing in January, he begged for the retrial to be held as quickly as possible due to his deteriorating health, telling the judge: "I don't know how much longer I can hold on."

Weinstein was also sentenced in February 2023 after being convicted of rape during a separate trial in LA - which means that even if the retrial ends in not guilty verdicts on all three counts, he will remain behind bars.

His lawyers are also appealing this sentence.

(c) Sky News 2025: Harvey Weinstein retrial: 'He had all the power,' prosecutor tells court as opening statement