Judge dismisses sexual battery charge against Harvey Weinstein

Aug. 12 (UPI) -- A Los Angeles County Judge on Thursday dismissed a charge of sexual battery against Harvey Weinstein.

Judge Lisa Lench granted a request by the defense to dismiss a 2010 allegation of sexual battery, stating that the charge was beyond the statute of limitations.

Lench also rejected requests to dismiss two counts related to sexual assaults that allegedly took place between 2004 and 2005.

Weinstein's defense team argued that although prosecutors initially filed the sexual battery charge within the statute of limitations an April 2021 indictment charging the disgraced Hollywood mogul on 11 counts was beyond the deadline.

"Mr. Weinstein faces very serious charges. Ten of the 11 counts stand. We are taking appropriate steps so that justice prevails in this case," said Alex Bastian, a special adviser to Los Angeles County District Attorney George Gascon.

Lench told prosecutors they could return to a grand jury to amend the third charge and have it restored.

Juda Engelmayer, a spokesman for Weinstein, said the defense team was "pleased" that the judge dismissed the charge.

"It remains dismissed and it never should have been brought in the first place," he said. "We consider this a partial victory, but know there is quite the road ahead."

Weinstein was moved to Los Angeles last month where he now faces four counts of forcible rape, four counts of forcible oral copulation, one count of sexual battery by restraint and one count of sexual penetration by use of force. He has pleaded not guilty to the charges.

In 2020, a New York jury found Weinstein guilty of first-degree criminal sexual act and third-degree rape. He had been serving a 23-year prison sentence at a maximum-security prison near Buffalo before his transfer.