![\"Harvey](\"https:\/\/stateofthenation2012.com\/wp-content\/uploads\/2017\/10\/Screen-Shot-2017-10-10-at-7.25.15-PM.png\")
<\/picture><\/a><\/p>\nHarvey Weinstein is now accused of rape<\/h5>\n<\/div>\n<\/div>\n<\/div>\n<\/article>\n<\/div>\n<\/div>\n<\/div>\nLucia Evans\u00a0told The New Yorker<\/a>\u00a0that Weinstein exposed himself and pushed her head into his lap during a solo meeting at the old Miramax office in 2004.<\/p>\n\u201cHe forced me to perform oral sex on him,\u201d she said.<\/p>\n
\u201cIf the allegations are true \u2026 they would support a prosecution for criminal sexual act in the first degree,\u201d said Daniel Alonso, a former top prosecutor with the Manhattan DA\u2019s Office. A conviction on the charge carries a sentence of up to 25 years in prison.<\/p>\n
Misdemeanor charges of sex abuse, sexual misconduct and forcible touching would have also likely been tacked on if he committed the act more recently.<\/p>\n
And Weinstein could still be probed over allegations of \u201crape\u201d by an unidentified employee, who claimed he \u201cforced himself on me sexually.\u201d<\/p>\n
The New Yorker described the alleged assault as \u201crape\u201d \u2014 a felony charge with a statute of limitations that never expires. It was not clear if the incident happened in New York.<\/p>\n
Neither Evans nor the unnamed employee went to police. The Manhattan DA\u2019s Office would not say if it was looking into the claims.<\/p>\n
Meanwhile, civil attorneys said that while his\u00a0firing from The Weinstein Company<\/a>\u00a0doesn\u2019t affect confidentiality agreements with some of his accusers, Weinstein could open a can of worms if he\u00a0sues the New York Times as threatened<\/a>.<\/p>\n\u201cAlmost all of [the agreements] are going to be invalidated by a subpoena,\u201d said lawyer Rosemarie Arnold, who\u2019s represented many sexual assault victims. \u201cOnce there\u2019s a valid subpoena you can\u2019t hide or not disclose something. They\u2019re not going to be protected by a criminal subpoena or a civil subpoena by that matter.\u201d<\/p>\n
Non-disclosure agreements also don\u2019t hold up in civil litigations.<\/p>\n
\u201cSo the New York Times, if they\u2019re sued, can subpoena these eight or nine women and subpoena their testimony,\u201d said former Brooklyn prosecutor Lowell Sidney, who now represents defendants accused of sex crimes. \u201cThese women could testify without any concerns about breaking the agreement.\u201d<\/p>\n
Lucia Evans\u00a0told The New Yorker<\/a>\u00a0that Weinstein exposed himself and pushed her head into his lap during a solo meeting at the old Miramax office in 2004.<\/p>\n \u201cHe forced me to perform oral sex on him,\u201d she said.<\/p>\n \u201cIf the allegations are true \u2026 they would support a prosecution for criminal sexual act in the first degree,\u201d said Daniel Alonso, a former top prosecutor with the Manhattan DA\u2019s Office. A conviction on the charge carries a sentence of up to 25 years in prison.<\/p>\n Misdemeanor charges of sex abuse, sexual misconduct and forcible touching would have also likely been tacked on if he committed the act more recently.<\/p>\n And Weinstein could still be probed over allegations of \u201crape\u201d by an unidentified employee, who claimed he \u201cforced himself on me sexually.\u201d<\/p>\n The New Yorker described the alleged assault as \u201crape\u201d \u2014 a felony charge with a statute of limitations that never expires. It was not clear if the incident happened in New York.<\/p>\n Neither Evans nor the unnamed employee went to police. The Manhattan DA\u2019s Office would not say if it was looking into the claims.<\/p>\n Meanwhile, civil attorneys said that while his\u00a0firing from The Weinstein Company<\/a>\u00a0doesn\u2019t affect confidentiality agreements with some of his accusers, Weinstein could open a can of worms if he\u00a0sues the New York Times as threatened<\/a>.<\/p>\n \u201cAlmost all of [the agreements] are going to be invalidated by a subpoena,\u201d said lawyer Rosemarie Arnold, who\u2019s represented many sexual assault victims. \u201cOnce there\u2019s a valid subpoena you can\u2019t hide or not disclose something. They\u2019re not going to be protected by a criminal subpoena or a civil subpoena by that matter.\u201d<\/p>\n Non-disclosure agreements also don\u2019t hold up in civil litigations.<\/p>\n \u201cSo the New York Times, if they\u2019re sued, can subpoena these eight or nine women and subpoena their testimony,\u201d said former Brooklyn prosecutor Lowell Sidney, who now represents defendants accused of sex crimes. \u201cThese women could testify without any concerns about breaking the agreement.\u201d<\/p>\n