DEFENSE

Weinstein’s Rape Accuser Said ‘I Love You’ After Alleged Attack, Lawyers Say

The movie mogul’s defense asks a judge to toss charges against him, claiming the D.A. didn’t disclose ‘exculpatory’ emails to the grand jury.

Atilgan Ozdil/Getty

Harvey Weinstein had a “long-term, consensual, intimate relationship,” with one of his sexual-assault accusers, his lawyers argued Friday in court filings, who even told him “I love you” in an email four years after the alleged attack.

Weinstein, 66, faces charges in Manhattan for allegedly forcible sexual encounters involving three women, including that accuser who is not identified publicly.

In defense motions, Weinstein's lawyers are pushing for dismissal, claiming that prosecutors didn't tell the grand jury about evidence that he had consensual interactions with an accuser, including emails that were “inconsistent” with her allegations of rape in 2013.

“These emails, we submit, confirm the highly relevant fact that the relationship between [the accuser] and Mr. Weinstein was both consensual and intimate; importantly, particular emails sent to Mr. Weinstein by [the accuser] could also be reasonably understood to reflect [her] intention that she wanted the relationship to be deeper,” his lawyers wrote.

“For example, on February 8, 2017, [the accuser] emailed Mr. Weinstein saying ‘I love you, always do. But I hate feeling like a booty call. :).’” his lawyers said in the filings.  “Although reflecting neither Mr. Weinstein’s words nor feelings, by using the term ‘booty call,’ the complaining witness appears to acknowledge the consensual, intimate nature of her relationship with Mr. Weinstein and perhaps, most importantly, signaled her desire for a fuller and more emotionally committed relationship. This evidence should not have been kept from the Grand Jury.”

Weinstein’s lawyers also included emails from this accuser sent to Weinstein in the weeks and months after the alleged attack in March 2013.

In April 2013, Weinstein’s lawyers claim, the woman emailed him saying “[I] hope to see you sooner than[] later. . . .”  The woman, they write, allegedly emailed Weinstein in September of that year, saying “Miss you big guy.”

The ongoing correspondence included by Weinstein’s lawyers includes the woman’s requests to see him, as well as notes indicating he was on her mind. Her emails also show that she asked Weinstein for help getting membership to a club, as well as assistance addressing a suspended driver’s license, the lawyers claim.

Weinstein’s lawyers also question whether there was enough evidence of “forcible compulsion” in charges relating to his accusers — Lucia Evans, Mimi Haleyi and the unidentified third woman — before the grand jury.

Prosecutors will respond to these arguments at a later date.

The disgraced Hollywood producer was originally hit in May with charges of rape in the first and third degrees, and criminal sexual act in the first degree.

Those charges relate to allegedly non-consensual encounters in 2013 and 2004, respectively, according to the Manhattan District Attorney's Office.

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Prosecutors announced on July 2 that a grand jury had slapped Weinstein with another count of criminal sexual act in the first degree relating to a third accuser, and two counts of predatory sexual assault.

Weinstein, who remains out on $1 million bail, has insisted that he is innocent.