If a man puts gun to a woman's head to force her to engage in sex, that's rape in first degree.

So what is rape in the third degree?


Why exactly was Harvey Weinstein convicted of third-degree rape?

I do not see any detail anywhere. He is convicted of third degree rape and that's it. What exactly that he did that the jury think truly happen that cause his conviction? We'd never know.

For example, some argue that all penetrative acts, or all prostitution, as non consensual, for example. In US, for example, you can't hire a girl to be both personal assistant and sugar baby. So saying that third degree rape happens if the sex is not consensual don't really add much.

It'll be pretty helpful if anyone can have a sample, like in Harvey's case, of what exactly he did that results in his conviction? Did he offer money? Fame? Promotion? Does that count as non consensual?

  • 2
    I’m voting to close this question because submitter seems to want to get into the salacious details and argue about feminism and consent. Sep 4 '20 at 15:36

He was indicted on many charges including 1st degree rape. So your question is why the jury returned the specific verdict, and did not convict on all charges. There is no record of the jury deliberations, so the best we can conjecture is that they didn't find the other charges to have been proven, and in lieu of a tell-tale juror, we can't know what evidence persuaded the jury. He was convicted on counts of criminal sexual assault in the first degree and rape in the third degree, but acquitted of two counts of predatory sexual assault, and it is suggested by media who make suggestions that this is because the jury did not believe the testimony of Annabella Sciorra.

The crime of third degree rape (the charge involving Jessica Mann) is when a person engages in nonconsensual sex with another person. The crime of first degree rape, a charge that he was acquitted on, is when a person subjects a victim to nonconsensual intercourse through forcible compulsion, or when they are incapable of consent by reason of being physically helpless. A person is guilty of a criminal sexual act in the first degree if they engage in oral or anal sex with someone who is incapable of consent, or if they use forcible compulsion. The statutes are here, §130.00 ff.

  • not only that there is none, there can't be one, as jury deliberation is as sacrosanct as it can be.
    – Trish
    Sep 3 '20 at 21:45
  • @Trish Your comment may be true in other jurisdictions, but is not universally true in the US. Grand Jury deliberations are indeed sacrosanct, but Petit (i.e., trial) Jury deliberations are confidential only during the trial. When the trial has concluded, jury members are free to discuss their deliberations if they wish, but they not required to do so. Sep 3 '20 at 22:13
  • @Trish. That is not correct. Weinstein was convicted by a trial jury. In the US, a grand jury a) investigates the operation of local governments, and, in some circumstances, b) rules that the prosecutor may bring criminal charges against a defendant. Such Grand Jury sittings are not trials: Grand juries do not sit during trials, do not find individuals guilty (or not guilty) of crimes, and they do not sentence defendants who have been convicted. Sep 3 '20 at 22:18
  • @DavidSupportsMonica my bad!
    – Trish
    Sep 3 '20 at 22:21
  • Not sure if this should be an answer. Looks like Weinstein tries to lick a girls' vagina to turn her on. When the girl doesn't consent, he stopped. In other cases, he told a girl to get naked. The girl can just leave.,... I am not even sure where the coercion here.... usatoday.com/story/entertainment/celebrities/2020/02/24/…
    – user4951
    Sep 4 '20 at 15:17

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