A judge who ruled an aspiring actress can use sex trafficking laws to sue Harvey Weinstein seemed reluctant at a hearing on Wednesday to let his decision be appealed before trial.
US District Judge Robert W. Sweet noted no other judge has ruled differently on the issue since his August ruling. At least one other Manhattan federal judge has agreed with his reasoning and a ruling is awaited by another.
"Other judges know what I've done. At the moment, there's no conflict," Sweet said.
He didn't rule on whether lawyers can immediately appeal his finding that sex trafficking laws more commonly used to shut down brothels can be used against a Hollywood titan accused of sexual abuse by multiple women.
Attorney Phyllis Kupferstein, representing Weinstein, told Sweet an immediate appeal to the 2nd US Circuit Court of Appeals was appropriate for a new question of law.
Kupferstein and other lawyers for Weinstein have argued that the Justice for Victims of Trafficking Act of 2015 was written to criminalise and prevent slavery, servitude and human trafficking for commercial gain and was being misused against Weinstein.
She said a reversal of his finding would essentially shut down the civil lawsuit filed in fall 2017 by actress Kadian Noble and others like it.
Lawyers for Weinstein have argued nothing of value was exchanged between Noble and Weinstein.
Noble alleged that Weinstein and his employees encouraged her to meet Weinstein in a Cannes, France, hotel room in 2014 so he could watch her demo reel, but then Weinstein molested her and forced her into a bathroom to watch him masturbate.
Weinstein denies wrongdoing and has denied all allegations of non-consensual sex. Scores of women have accused the movie mogul of sexual misconduct.
In August, Sweet concluded the proverbial casting couch, in which women are asked to trade sex for Hollywood opportunities, could be considered a "commercial sex act."
Australian Associated Press
