Harvey Weinstein Charged With Felony Rape, Criminal Sex Act (What Damages Are Recoverable In Sexual Harassment Cases?)

What has been highly anticipated since October 2017 finally happened at the New York City Police Department’s 1st Precinct in Lower Manhattan on Friday: disgraced Hollywood producer Harvey Weinstein has been charged with felony rape and a criminal sex act.

The ostracized Hollywood mogul, who is facing accusations of rape, sexual harassment, abuse, and sexual misconduct from more than 80 women, surrendered on Friday. Weinstein, who is set to appear in court next week, has been charged with first- and third-degree rape and criminal sexual act in the first degree for forcible sexual acts.

What was Harvey Weinstein charged for?

Our Pasadena sexual harassment attorney at The Rager Law Firm explains that the Hollywood producer could spend up to 25 years in prison. Even though the list of women who have spoken out about Weinstein’s sexual misconduct totals more than 80, the charges are stemming from cases involving only two women.

In particular, Weinstein was charged with sexually assaulting Lucia Evans, who alleges that the producer forced her to perform oral sex on him more than 14 years ago. Investigators and the police also joined forces to look into the claims made by another woman who alleges that Weinstein raped her in her apartment in 2010.

What is next for Weinstein? Will he go to prison?

For those unfamiliar with sentencing and penalties in New York City, our best sexual harassment attorneys in California explain that first-degree rape and criminal sex act are class B felonies, while third-degree rape is classified as a class E felony. A person charged with the most serious rape charges may face up to 25 years in prison.

After reviewing the details of the case, our Pasadena sexual harassment lawyer says that Weinstein entered a not guilty plea. Furthermore, Weinstein’s defense attorney Benjamin Brafman told reporters on Friday that his client “expects to be fully exonerated.” By the end of this week, the Hollywood producer has to decide whether or not he will testify before a grand jury.

Although the #MeToo movement was pleased to hear that Weinstein is facing criminal charges, many advocates were outraged over the fact that the producer posted $1 million cash bail and was released before his next court appearance. However, the film mogul will not be able to escape law enforcement, as he was ordered to wear an ankle bracelet and is allowed to only travel within New York or Connecticut.

What damages are recoverable in sexual harassment cases?

Given the fact that accusations against Harvey Weinstein in October 2017 were the starting point for the #MeToo movement, which, in turn, focused on eliminating the prevalent problem of sexual harassment and gender discrimination in workplaces, it makes sense to review what damages are recoverable in sexual harassment cases.

Our Pasadena sexual harassment attorney at The Rager Law Firm explains that if you are filing a sexual harassment claim with the U.S. Equal Employment Opportunity Commission, you may be entitled to recover the following damages:

• Compensatory damages. If your employer, supervisor, or coworker have sexually harassed you at work, you may be eligible for compensatory damages, or, in other words, economic losses. These include but are not limited to economic harm you have suffered as a result of sexual harassment, including lost past and future employment benefits, lost wages, back pay, front pay, and others.
• Emotional distress. Typically, emotional distress damages account for the largest portion of sexual harassment settlement and verdicts in Pasadena and all across California.
• Injunctive relief. You may be able to seek an injunction to prevent sexual harassment from continuing at work, especially if this is a recurring problem in the workplace.
• Attorney fees are also recoverable in sexual harassment cases. Here at The Rager Law Firm, our Pasadena sexual harassment attorney works on a contingent-fee basis, which means we never charge upfront costs. Rather, we get paid only when we win your case.

Get a free consultation about your case by calling our offices at 310-527-6994 or fill out this contact form.