The Harvey Weinstein-inspired bill allows previous sexual assault evidence to be used against defendants in New York

A bill introduced in the New York legislature will allow prosecutors to use a defendant’s history of sexual assault as evidence in a sexual assault trial. This allows prosecutors to establish a pattern of behavior for a defendant’s “bad deeds.”

Sponsored by Democratic Rep. Amy Paulin, who has openly shared her experiences as a rape survivor and as a state Democrat. Senator Mike Gianaris, the bill was written in direct response to the overturning of Harvey Weinstein’s sex crimes conviction in New York. In a 4-3 ruling, the New York Court of Appeals dismissed the Hollywood producer’s charges because the judge allowed women to testify about allegations not included in the case, giving the jury a biased view of Weinstein.

“This decision demonstrated that the law requires clarity – nowhere does New York state law answer that question,” Gianaris told CNN. “We want to make it clear that this should be allowed.”

However, Manhattan prosecutors said they plan to retry the Weinstein case this year. Weinstein, who was also convicted in California and sentenced to 16 years in prison, was recently transferred to the prison ward at Bellevue Hospital. Likewise, California prosecutors used “past bad deeds” as witnesses. Weinstein also appealed this conviction.

“I believe it is important that the New York Legislature pass a specific law in New York that will more clearly define the admission of ‘past bad deeds’ witnesses and testimony in New York and better protect the rights of victims in sex crimes.” Criminal cases said attorney Gloria Allred, who represented one of Weinstein’s victims.

The current rules of evidence are based on case law and a few provisions of the Code of Criminal Procedure.

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However, the bill is drawing criticism as there are more concerns that including prior evidence could lead to greater jury bias, said Amanda Jack, policy director for the Legal Aid Society’s criminal defense practice.

With just a month left in the legislative session, the bill was introduced late, but co-sponsors are confident they can get it to Gov. Kathy Hochul’s (D-NY) desk.