A federal judge in New York on Tuesday ruled to allow a sex-trafficking lawsuit against Harvey Weinstein to proceed.
In a move that could set new legal precedent, U.S. District Judge Robert Sweet ruled in favor of aspiring actress Kadian Noble, who alleged that Weinstein sexual assaulted her in 2014. In the court filing, Sweet wrote that although the act was “not an archetypal sex trafficking action… the allegations plausibly establish” Weinstein may have violated the statute. new legal precedent, U.S. District Judge Robert Sweet ruled in favor of aspiring actress Kadian Noble, who alleged that Weinstein sexual assaulted her in 2014. In the court filing, Sweet wrote that although the act was “not an archetypal sex trafficking action… the allegations plausibly establish” Weinstein may have violated the statute.
“Harvey Weinstein...recruited and enticed a young aspiring actress..knowing he would use means of force, fraud, or coercion to cause her to engage in a sex act,” the judge wrote in the ruling.
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The film mogul sought to dismiss the charge, arguing “not every alleged sexual assault constitutes a federal violation.” Having this case proceed, Weinstein claimed, “would unfairly” expand the sex-trafficking statute to “all sexual activity occurring between adults in which one party holds a superior position of power and influence.” Weinstein claimed, “would unfairly” expand the sex-trafficking statute to “all sexual activity occurring between adults in which one party holds a superior position of power and influence.”
“Though this is not a typical example of sex trafficking, the conduct is prohibited by law,” Jeff Herman, Noble’s attorney, told The Daily Beast. “Today’s ruling is an important day for women and a great day for justice.”
Nobel’s original lawsuit, filed last year against Weinstein, accused the Hollywood producer of violating sex-trafficking laws by luring Noble to a hotel room in Cannes in 2014 under the guise of helping her career.
To get her inside the room, the actress alleged Weinstein promised “a lucrative film role and a modeling meeting, which were knowingly false.” Once inside, Nobel claims Weinstein forced her to “engage in a sex act with him.”
Though Weinstein has previously denied this allegation, he argues in the new filing the incident was not a “commercial sex act,” as alleged in Nobel’s statement, because “nothing of value was exchanged.
Sweet’s ruling did dismiss sex-trafficking charges against the disgraced film mogul’s brother Robert Weinstein, who was named in the original filing last year.
“This decision is just the first round, and merely finds that plaintiff has alleged enough to proceed with her case. It does not mean that there is merit to the case. We will seek to appeal the decision,” Phyllis Kupferstein, Weinstein’s attorney, told The Daily Beast. “We believe these claims are not legally or factually supported, and ultimately will not be sustained.”
