Weinstein Avoids Sexual Battery Charge in CA Rape Case as Statue of Limitations Runs Out

Late last month, disgraced Hollywood film producer Harvey Weinstein was extradited to Los Angeles, California, where he appeared in court and pleaded not guilty to four counts of both forcible rape and forcible oral copulation, as well as two counts of sexual battery via restraint and one count of sexual penetration by use of force.

Weinstein, 69, scored a legal victory on Thursday after Los Angeles Superior Court Judge Lisa B. Lench granted the defense motion to dismiss a charge related to a May 11, 2010, incident in which Weinstein allegedly assaulted a woman in a Beverly Hills hotel room. 

The charge was dismissed because it had surpassed the 10-year statute of limitations.

Although Weinstein was originally slapped with the related charge in January 2020, prosecutors did not get an indictment until some six months later, around two months outside the statute of limitations. 

The 69-year-old, who is alleged to be in poor health, was seen donning shackles and LA County jail attire while sitting in a wheelchair. 

Lench told prosecutors that it is possible that, in the event a grand jury is reconvened, the charge could be accepted via the new indictment. 

She did not expound on any recommendations. 

"I can’t tell you what to do," the judge said to prosecutors. 

However, according to Alan Jackson, Weinstein's defense attorney, prosecutors will be unable to salvage the charge. 

"That count is going away and it’s never coming back," he said outside the courthouse on Thursday. "It’s gone forever." 

Nevertheless, Weinstein faces up to 140 years behind bars in this particular trial, and was sentenced last year to 23 years behind bars for sexual assault and rape.