A woman has filed a civil lawsuit against disgraced former film producer Harvey Weinstein for sexual battery, false imprisonment and other claims after he was convicted of raping her last December in Los Angeles.
The model and actress, who is identified as Jane Doe 1 in court documents, was the first to testify in Weinstein’s Los Angeles trial in 2022.
The three charges Weinstein was convicted of last December – rape, sexual penetration by a foreign object and forcible oral copulation – were all tied to Jane Doe 1, who testified the movie mogul assaulted her in a Beverly Hills hotel room in 2013.
But the jury deadlocked on the alleged aggravating factors attached to the charges, which could have increased his sentence and the judge declared a mistrial on those allegations.
Weinstein is set to be sentenced on February 23, at which time the judge will consider a motion from defense attorneys asking for a new trial.
The new lawsuit, filed February 9 in the Superior Court of California for Los Angeles County, alleges Weinstein met Jane Doe 1 briefly at a film festival and then showed up at her hotel room later that evening and assaulted her in February 2013.
The plaintiff is suing Weinstein for sexual battery, false imprisonment, intentional infliction of emotional distress and negligence. She is also seeking an undisclosed amount in punitive and other damages.
“Harvey has always denied the allegations, and even more, has maintained that he was never together with her in Mr. Cs hotel at all and that these events never happened. Certain witnesses lied about crucial evidence that could have exonerated Mr. Weinstein, and it was deemed unnecessary by the court for the jury to hear or know about these facts,” Juda Engelmayer, a representative for Weinstein, told CNN in a statement.
Engelmayer added that Weinstein’s attorneys have “submitted a motion detailing those facts and contend that the jury would not have convicted him had they known the specifics…”
The assault happened after Weinstein allegedly showed up at the hotel and asked a front desk staffer to connect him with the victim, the lawsuit said. After the front desk called Jane Doe, Weinstein ended up talking on the phone with the victim and asked her for her room number. She declined to offer her room number and hung up.
Minutes later, Weinstein showed up outside her room, and when the woman refused to let him inside, he “bullied his way into her room,” the lawsuit says.
“Once in the room, he engaged in small talk with Plaintiff but in an arrogant and intimidating manner. He quickly made his real intentions clear. He wanted to have sex with her,” the lawsuit says. “He sat on her bed and then forcibly grabbed Plaintiff and made her sit down next to him.”
After telling her that she was “pretty,” he commented on her breasts and “grabbed” at them, the lawsuit says.
Jane Doe repeatedly asked Weinstein to leave her hotel room, but he ignored her and became aggressive verbally and physically, according to the lawsuit.
“He then forced Plaintiff to orally copulate him and then he forcibly moved her into the bathroom, where he blocked her from leaving and then raped her,” the lawsuit says. “After he was done raping her, he acted as if nothing out of the ordinary happened, and left.”
California law allows adult victims of sexual assault to file a civil action within ten years of the alleged assault and within one year of the defendant being convicted of a felony, according to the lawsuit.
The victim’s attorney, Dave Ring, said in a statement to CNN that they “look forward to have Weinstein finally testify under oath in this case.”
“Harvey Weinstein has been convicted of raping Jane Doe 1,” Ring said. “Her lawsuit seeks to recover compensation from him for the horrific rape she endured and all of the issues she has suffered through for the past ten years because of that rape.”