Harvey Weinstein may face charges after accuser says he pulled out her tampon, forcibly performed oral sex on her
Laura Dimon Kate Feldman Ginger Adams Otis Nancy Dillon
NEW YORK DAILY NEWS
Updated: Tuesday, October 24, 2017, 9:39 PM
Two separate but chillingly similar accounts of Harvey Weinstein forcing oral sex on unwilling women in 2006 and 2010 emerged Tuesday — with one possibly opening the door to New York criminal charges.
Production assistant Mimi Haleyi broke down in tears as she described Weinstein pinning her down in a dark bedroom in his Manhattan residence a decade ago and forcing himself on her orally while she was menstruating.
"He held me down on the bed. I tried to get away, tried to get him off me, and kept asking him to stop but it was impossible. He was extremely persistent and physically overpowering," she said, her voice cracking with emotion.
Haleyi said she was adamant she did not consent to the sexual contact and even warned Weinstein she was menstruating, but he refused to take no for an answer.
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"He even pulled my tampon out. I was in disbelief and disgusted. I would not want anyone to do that to me, even if the person was a romantic partner," she said at a Manhattan press conference with her lawyer Gloria Allred.
Haleyi had not reported the incident to police as of Tuesday afternoon, Allred confirmed to the Daily News.
Mimi Haleyi cries at a press conference as she describes the alleged sexual abuse she claims she suffered at the hands of movie mogul Harvey Weinstein on Tuesday, Oct. 24, 2017.
(Jefferson Siegel/New York Daily News)
"There's no decision at this time," Allred said when pressed on whether Haleyi would be willing to meet with investigators already probing other allegations against Weinstein.
Asked if NYPD officials have reached out to request a sit-down, Allred declined to answer.
Dominique Huett claims Harvey Weinstein forced oral sex on her
"If she spoke to (investigators), it would be to answer any questions they might have that might be relevant to their investigation," Allred said.
One legal expert said the assault described by Haleyi could lead to criminal charges, since New York did away with the statute of limitations for first-degree criminal sex act in June 23, 2006. Any case still within the former statute of limitations upon passage of the legislation was to be grandfathered in, the expert said.
According to state statute, a person is guilty of definition of criminal sexual act in the first degree “when he or she engages in oral sexual conduct or anal sexual conduct with another person by forcible compulsion.”
Weinstein allegedly performed oral sex on Haleyi while she was on her period.
(Andrew Kelly/REUTERS)
"If it were presented as a forcible act, that would be a class B felony, which would not have a statute of limitations, versus a class E, which would be a 'no means no' claim, and that does have a five-year statute of limitations," Eric Baum of Eisenberg & Baum told The News.
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"In the event that the district attorney determines that it was a forcible sexual act, Harvey Weinstein could be charged with that crime," the attorney said.
In a separate incident revealed in a new lawsuit filed Tuesday, aspiring New York actress Dominique Huett said Weinstein lured her to his room at the Peninsula Hotel in Beverly Hills in November 2010 under the guise of a business meeting.
She said once they entered the room, Weinstein excused himself and returned wearing only a bathrobe.
Weinstein asked for a massage, and when Huett declined, he "demanded" she comply, the lawsuit filed in Los Angeles County Superior Court states.
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The disgraced movie mogul next asked to perform oral sex on Huett and removed her clothing and initiated the contact against her wishes as she "froze" in fear, the lawsuit states.
"Unfortunately, what happened to her is what happens to (lots) of women in that situation. They go into a state of tonic immobility. It's like an out-of-body experience, a paralysis, like an animal playing dead when it's attacked," Huett's lawyer Jeffrey Herman told The News.
"She described it as being terrified, her mind sort of spinning, and she gave in. And then she blamed herself for not fighting to get up and walk out of the room," he said.
Huett's lawsuit names The Weinstein Company, the firm Weinstein co-founded with his brother Bob Weinstein, as the sole defendant.
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It claims the company's executives, officers and employees had "actual knowledge of Weinstein's repeated acts of sexual misconduct" and knowingly "aided and abetted" his predatory behavior.
Haleyi (l.) and her attorney, Gloria Allred (r.), at a press conference as Haleyi described the alleged attack in which Weinstein forced himself on her at his Manhattan home.
(Jefferson Siegel/New York Daily News)
The lawsuit alleges female TWC staffers were routinely used as "honeypots" to give victims a false sense of security at the start of meetings that they exited after only a few minutes.
The negligence lawsuit asks for general and punitive damages to be decided at trial.
Asked if Huett, 35, planned to tell her story to Beverly Hills Police, Herman said he couldn't comment.
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"Generally, with all my clients, I always recommend they report things to the proper authorities," he said.
"From a civil perspective, we were able to file this lawsuit because California has a delayed discovery doctrine, which means you have one year from when you learn you have a claim. She didn't know before that the company was involved and was enabling this to go on and had tacitly endorsed it by allowing him to stay and use his position to seek women," he said.
"One of the main reasons she wants to put her name out there is to hopefully create a seismic shift in Hollywood where this will no longer be tolerated," he said.
More than 40 women including actresses Ashley Judd, Rose McGowan, Gwyneth Paltrow, Angelina Jolie and Lupita Nyong'o have accused Weinstein of sexual harassment or assault.
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"Any allegations of non-consensual sex are unequivocally denied by Mr. Weinstein," a Weinstein spokeswoman said Tuesday.
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Laura Dimon Kate Feldman Ginger Adams Otis Nancy Dillon
NEW YORK DAILY NEWS
Updated: Tuesday, October 24, 2017, 9:39 PM
Two separate but chillingly similar accounts of Harvey Weinstein forcing oral sex on unwilling women in 2006 and 2010 emerged Tuesday — with one possibly opening the door to New York criminal charges.
Production assistant Mimi Haleyi broke down in tears as she described Weinstein pinning her down in a dark bedroom in his Manhattan residence a decade ago and forcing himself on her orally while she was menstruating.
"He held me down on the bed. I tried to get away, tried to get him off me, and kept asking him to stop but it was impossible. He was extremely persistent and physically overpowering," she said, her voice cracking with emotion.
Haleyi said she was adamant she did not consent to the sexual contact and even warned Weinstein she was menstruating, but he refused to take no for an answer.
Harvey Weinstein rejects Lupita Nyong'o's sexual harassment claim
"He even pulled my tampon out. I was in disbelief and disgusted. I would not want anyone to do that to me, even if the person was a romantic partner," she said at a Manhattan press conference with her lawyer Gloria Allred.
Haleyi had not reported the incident to police as of Tuesday afternoon, Allred confirmed to the Daily News.
Mimi Haleyi cries at a press conference as she describes the alleged sexual abuse she claims she suffered at the hands of movie mogul Harvey Weinstein on Tuesday, Oct. 24, 2017.
(Jefferson Siegel/New York Daily News)
"There's no decision at this time," Allred said when pressed on whether Haleyi would be willing to meet with investigators already probing other allegations against Weinstein.
Asked if NYPD officials have reached out to request a sit-down, Allred declined to answer.
Dominique Huett claims Harvey Weinstein forced oral sex on her
"If she spoke to (investigators), it would be to answer any questions they might have that might be relevant to their investigation," Allred said.
One legal expert said the assault described by Haleyi could lead to criminal charges, since New York did away with the statute of limitations for first-degree criminal sex act in June 23, 2006. Any case still within the former statute of limitations upon passage of the legislation was to be grandfathered in, the expert said.
According to state statute, a person is guilty of definition of criminal sexual act in the first degree “when he or she engages in oral sexual conduct or anal sexual conduct with another person by forcible compulsion.”
Weinstein allegedly performed oral sex on Haleyi while she was on her period.
(Andrew Kelly/REUTERS)
"If it were presented as a forcible act, that would be a class B felony, which would not have a statute of limitations, versus a class E, which would be a 'no means no' claim, and that does have a five-year statute of limitations," Eric Baum of Eisenberg & Baum told The News.
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"In the event that the district attorney determines that it was a forcible sexual act, Harvey Weinstein could be charged with that crime," the attorney said.
In a separate incident revealed in a new lawsuit filed Tuesday, aspiring New York actress Dominique Huett said Weinstein lured her to his room at the Peninsula Hotel in Beverly Hills in November 2010 under the guise of a business meeting.
She said once they entered the room, Weinstein excused himself and returned wearing only a bathrobe.
Weinstein asked for a massage, and when Huett declined, he "demanded" she comply, the lawsuit filed in Los Angeles County Superior Court states.
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Women who have accused Harvey Weinstein of sexual harassment and assault
The disgraced movie mogul next asked to perform oral sex on Huett and removed her clothing and initiated the contact against her wishes as she "froze" in fear, the lawsuit states.
"Unfortunately, what happened to her is what happens to (lots) of women in that situation. They go into a state of tonic immobility. It's like an out-of-body experience, a paralysis, like an animal playing dead when it's attacked," Huett's lawyer Jeffrey Herman told The News.
"She described it as being terrified, her mind sort of spinning, and she gave in. And then she blamed herself for not fighting to get up and walk out of the room," he said.
Huett's lawsuit names The Weinstein Company, the firm Weinstein co-founded with his brother Bob Weinstein, as the sole defendant.
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It claims the company's executives, officers and employees had "actual knowledge of Weinstein's repeated acts of sexual misconduct" and knowingly "aided and abetted" his predatory behavior.
Haleyi (l.) and her attorney, Gloria Allred (r.), at a press conference as Haleyi described the alleged attack in which Weinstein forced himself on her at his Manhattan home.
(Jefferson Siegel/New York Daily News)
The lawsuit alleges female TWC staffers were routinely used as "honeypots" to give victims a false sense of security at the start of meetings that they exited after only a few minutes.
The negligence lawsuit asks for general and punitive damages to be decided at trial.
Asked if Huett, 35, planned to tell her story to Beverly Hills Police, Herman said he couldn't comment.
Harvey Weinstein’s former assistant says lawyers threatened her
"Generally, with all my clients, I always recommend they report things to the proper authorities," he said.
"From a civil perspective, we were able to file this lawsuit because California has a delayed discovery doctrine, which means you have one year from when you learn you have a claim. She didn't know before that the company was involved and was enabling this to go on and had tacitly endorsed it by allowing him to stay and use his position to seek women," he said.
"One of the main reasons she wants to put her name out there is to hopefully create a seismic shift in Hollywood where this will no longer be tolerated," he said.
More than 40 women including actresses Ashley Judd, Rose McGowan, Gwyneth Paltrow, Angelina Jolie and Lupita Nyong'o have accused Weinstein of sexual harassment or assault.
Brit Marling: Harvey Weinstein ‘suggested we shower together'
"Any allegations of non-consensual sex are unequivocally denied by Mr. Weinstein," a Weinstein spokeswoman said Tuesday.
I bet that bitch bank account is fat as hell.
