Efforts in Albany to close a loophole in the law that helped overturn Harvey Weinstein’s state sex crimes conviction appear to have stalled.
The state Senate is expected to pass a bill Wednesday that would update the rules of evidence in trials of sexual abuse suspects, but Assembly Speaker Carl Heastie has not said whether the House will consider the bill.
Democratic members of Congress told the Post that their caucus as a whole has not even discussed the bill in private yet.
The bill makes it clear that judges can admit testimony about a defendant’s past sexual offenses even if he or she has not been charged in connection with the act.
The move is aimed at closing a loophole exposed last month when the New York Supreme Court overturned the disgraced movie mogul’s conviction and ordered a new trial.
The court ruled that the judge in the Weinstein case should not have allowed testimony from a witness who told jurors about past criminal charges by the once-powerful producer, beyond what happened at trial. I put it down.
“The sooner we fix it, the better. We don’t want to wait until next year,” the bill’s sponsor, state Sen. Mike Gianaris (D-Queens), told The Post on Tuesday.
Prosecutors say such witnesses and evidence are crucial to securing a conviction, especially in “date rape” cases where the defendant claims there was consent.
Critics of the bill, including groups representing public defenders such as Legal Aid, say it would lead to overreach by overzealous prosecutors and extend charges beyond sex crimes.
“They’re wrong,” Gianaris sharply retorted.
“This rule has been in place nationally and in multiple states for decades,” he said, adding, “Admitting past testimony from past victims of sexual assault crimes has not caused a spike in problems. ‘ he claimed. All by the same perpetrator. ”
A spokesman for Gov. Heastie, who has not answered reporters’ questions in Albany for more than a month, would not say Tuesday whether the Assembly would follow the Senate’s lead and pass the bill before the end of the session.
“We are constantly discussing all issues with our members,” the official said.
