California appeals court upholds Harvey Weinstein's rape conviction, orders resentencing

An appeals court on Friday (June 26, 2026) upheld Harvey Weinstein’s 2022 rape and sexual assault conviction in California, but ordered his trial judge to resentence him.

A three-judge panel from California’s 2nd District Court of Appeal unanimously issued the decision.

Key Developments

• Conviction upheld – Weinstein remains convicted of one count of rape and two counts of sexual assault.
• Resentencing ordered – The court ruled that his original sentence cannot stand.
• New York case dropped – One day earlier, prosecutors in New York decided not to pursue a fourth trial after the accuser said she could not bear to testify again.

Statements from Weinstein’s Team

“We are disappointed by today’s decision and respectfully disagree with the Court of Appeal’s conclusions regarding the fairness of Mr. Weinstein’s trial,” Weinstein spokesperson Juda Engelmayer said in an email. “At the same time, the court correctly recognized that his sentence cannot stand.”

Engelmayer added: “This is not the end of the appellate process. We intend to seek review in the California Supreme Court because we continue to believe significant legal errors affected the proceedings and warrant further review.”

Background on the California Case

Weinstein, 74, was convicted in December 2022 of:

• One count of rape
• Two counts of sexual assault

The charges involved an Italian model and actor known during the trial as Jane Doe 1, later identified as Evgeniya Chernyshova. He was sentenced to 16 years in prison.

Trial Issues Raised in Appeal

Weinstein’s lawyers argued that Superior Court Judge Lisa B. Lench unfairly limited testimony from the head of a film festival, Pascal Vicedomini. The defense sought to question Chernyshova about Facebook messages between her and Vicedomini, claiming they would have shown:

• A sexual relationship existed between them, contradicting her testimony that they were “just friends and colleagues”
• That she may have perjured herself
• That she was not in her hotel room on the night of the alleged assault

“The lower court all but gutted Mr. Weinstein’s defense,” attorney Jennifer Bonjean told the appeals judges during oral arguments on April 23.

David Glassman, representing the state, countered: “It doesn’t apply to any contested issue in the case.”

Chernyshova’s Testimony

Chernyshova testified that Weinstein arrived uninvited to her hotel room during the 2013 LA Italia Film Festival and assaulted her. She later came forward publicly under her own name when she sued Weinstein in civil court.

The Associated Press does not typically name people who say they have been sexually abused unless they come forward publicly, as Chernyshova did. Her attorney confirmed she consented to being named.

Additional Trial Outcomes

The Los Angeles trial jury:

• Acquitted Weinstein of sexual battery of a massage therapist
• Failed to reach verdicts on counts involving two other women

Status in New York

Weinstein remains behind bars and still stands convicted of another sexual felony in New York. He is awaiting a September sentencing on that conviction, which involves a different woman. Prosecutors are seeking a 20-year prison term. He would serve his California sentence only after completing the New York sentence.

The New York rape charge had remained unresolved after an overturned conviction followed by two hung juries. On Thursday (June 25, 2026), prosecutors decided not to pursue a fourth trial after the accuser said she could not bear to testify again.

Emails seeking comment from the Los Angeles County District Attorney’s Office were not immediately returned.