Weinstein had 'consensual relationship' with rape accuser, lawyer says

Movie mogul Harvey Weinstein is accused of raping a woman “with whom he has had a 10-year consensual sexual relationship,” before and after the alleged assault, his defense lawyer said on Tuesday.

Weinstein attorney Ben Brafman made the comment to reporters outside state Supreme Court in Manhattan. It followed a 90-minute closed hearing before the judge supervising the grand jury considering charges against Weinstein, accused on Friday of the 2013 rape as well as forcing oral sex on a different woman.

Citing both a massive onslaught of publicity that crested over the weekend and “pressure” on Manhattan District Attorney Cyrus Vance Jr., whose failure to prosecute a previous case involving Weinstein is being scrutinized by the state attorney general, Brafman called it an “extraordinary” case.

“I dare say in almost 40 years of handling criminal cases on both sides, I’ve really never been in that position where I am defending a crime which is serious on its face, but when you drill down into it, based on my investigation, also in my opinion, is absurd,” Brafman said of the rape charge.

Brafman said he was barred from disclosing the name of the woman involved in the alleged rape or other matters discussed before state Supreme Court Justice James Burke because they involved a sitting grand jury, and Burke had sealed the proceeding. Brafman said he told the judge that because of the wave of anti-Weinstein publicity, the “ability of people to have an open mind is of concern.”

“I also think that pressure that is being brought to bear on the district attorney’s office demanding that an indictment or prosecution of Mr. Weinstein proceed is inappropriate pressure, it is unprecedented, and it troubles me, and I wanted to make those matters known to the court,” he said.

Prosecutor Joan Illuzzi-Orbon did not comment after the session with the judge, which was requested by Brafman.

Weinstein was charged Friday with a criminal sexual act in 2004 involving oral sex with Lucia Evans, an actress who had publicly described the incident. The alleged victim of the rape, which occurred in a room at an address that is now a hotel, has not been identified.

Vance has been criticized for failing to bring a case in 2015 after a model, Ambra Battilana Gutierrez, alleged Weinstein groped her, and the NYPD pressed for charges. The district attorney received campaign contributions from some lawyers linked to Weinstein.

Since public disclosures last fall in which multiple actresses accused Weinstein of abuse, Vance has come under increased pressure to bring a case. Gov. Andrew M. Cuomo ordered the state attorney general’s office to investigate Vance’s handling of the Gutierrez case.

Brafman said he wasn’t sure there was any remedy Burke could offer, but he used the session to air his concerns.

“I’m not faulting the DA, I’m not faulting the judge and I’m not faulting the press, who are just doing their job,” Brafman said. “There is a confluence of concerns that make me concerned that it’s going to be difficult for people judging this case to keep an open mind.”

Weinstein, 66, was ousted from his company last year after allegations he habitually used his power and influence to sexually mistreat actresses, and his company has since collapsed. Brafman said on Friday that his client had “entered a plea of not guilty and fully expects to be exonerated.” Weinstein was released Friday on $1 million cash bail and is wearing an electronic bracelet to make sure he doesn’t flee.

Brafman described Weinstein’s state of mind as “serious.”

“You can only imagine what your state of mind would be if you’ve been accused of a very serious crime which you maintain you did not commit,” he said. “So, it is a terrible state of mind in that regard, but he’s confident, he’s positive and he is going to work very hard to clear his name.”