From Aggressive Overtures to Sexual Assault: Harvey Weinstein’s Accusers Tell Their Stories
ince the establishment of the first studios a century ago, there have been few movie executives as dominant, or as domineering, as Harvey Weinstein. As the co-founder of the production-and-distribution companies Miramax and the Weinstein Company, he helped to reinvent the model for independent films, with movies such as “Sex, Lies, and Videotape,” “The English Patient,” “Pulp Fiction,” “The Crying Game,” “Shakespeare in Love,” and “The King’s Speech.” Beyond Hollywood, he has exercised his influence as a prolific fund-raiser for Democratic Party candidates, including Barack Obama and Hillary Clinton. Weinstein combined a keen eye for promising scripts, directors, and actors with a bullying, even threatening, style of doing business, inspiring both fear and gratitude. His movies have earned more than three hundred Oscar nominations, and, at the annual awards ceremonies, he has been thanked more than almost anyone else in movie history, just after Steven Spielberg and right before God.
For more than twenty years, Weinstein has also been trailed by rumors of sexual harassment and assault. This has been an open secret to many in Hollywood and beyond, but previous attempts by many publications, including The New Yorker, to investigate and publish the story over the years fell short of the demands of journalistic evidence. Too few people were willing to speak, much less allow a reporter to use their names, and Weinstein and his associates used nondisclosure agreements, monetary payoffs, and legal threats to suppress these myriad stories. Asia Argento, an Italian film actress and director, told me that she did not speak out until now—Weinstein, she told me, forcibly performed oral sex on her—because she feared that Weinstein would “crush” her. “I know he has crushed a lot of people before,” Argento said. “That’s why this story—in my case, it’s twenty years old; some of them are older—has never come out.”
Last week, the New York Times, in a powerful report by Jodi Kantor and Megan Twohey, revealed multiple allegations of sexual harassment against Weinstein, a story that led to the resignation of four members of his company’s all-male board, and to Weinstein’s firing from the company.
The story, however, is more complex, and there is more to know and to understand. In the course of a ten-month investigation, I was told by thirteen women that, between the nineteen-nineties and 2015, Weinstein sexually harassed or assaulted them, allegations that corroborate and overlap with the Times’ revelations, and also include far more serious claims.
Three women––among them Argento and a former aspiring actress named Lucia Evans—told me that Weinstein raped them, allegations that include Weinstein forcibly performing or receiving oral sex and forcing vaginal sex. Four women said that they experienced unwanted touching that could be classified as an assault. In an audio recording captured during a New York Police Department sting operation in 2015 and made public here for the first time, Weinstein admits to groping a Filipina-Italian model named Ambra Battilana Gutierrez, describing it as behavior he is “used to.” Four of the women I interviewed cited encounters in which Weinstein exposed himself or masturbated in front of them.Sixteen former and current executives and assistants at Weinstein’s companies told me that they witnessed or had knowledge of unwanted sexual advances and touching at events associated with Weinstein’s films and in the workplace. They and others describe a pattern of professional meetings that were little more than thin pretexts for sexual advances on young actresses and models. All sixteen said that the behavior was widely known within both Miramax and the Weinstein Company. Messages sent by Irwin Reiter, a senior company executive, to Emily Nestor, one of the women who alleged that she was harassed at the company, described the “mistreatment of women” as a serial problem that the Weinstein Company was struggling with in recent years. Other employees described what was, in essence, a culture of complicity at Weinstein’s places of business, with numerous people throughout the companies fully aware of his behavior but either abetting it or looking the other way. Some employees said that they were enlisted in subterfuge to make the victims feel safe. A female executive with the company described how Weinstein assistants and others served as a “honeypot”—they would initially join a meeting, but then Weinstein would dismiss them, leaving him alone with the woman.
Virtually all of the people I spoke with told me that they were frightened of retaliation. “If Harvey were to discover my identity, I’m worried that he could ruin my life,” one former employee told me. Many said that they had seen Weinstein’s associates confront and intimidate those who crossed him, and feared that they would be similarly targeted. Four actresses, including Mira Sorvino and Rosanna Arquette, told me they suspected that, after they rejected Weinstein’s advances or complained about them to company representatives, Weinstein had them removed from projects or dissuaded people from hiring them. Multiple sources said that Weinstein frequently bragged about planting items in media outlets about those who spoke against him; these sources feared that they might be similarly targeted. Several pointed to Gutierrez’s case, in 2015: after she went to the police, negative items discussing her sexual history and impugning her credibility began rapidly appearing in New York gossip pages. (In the taped conversation with Gutierrez, Weinstein asks her to join him for “five minutes,” and warns, “Don’t ruin your friendship with me for five minutes.”)
Several former employees told me that they were speaking about Weinstein’s alleged behavior now because they hoped to protect women in the future. “This wasn’t a one-off. This wasn’t a period of time,” an executive who worked for Weinstein for many years told me. “This was ongoing predatory behavior towards women—whether they consented or not.”
It’s likely that women have recently felt increasingly emboldened to talk about their experiences because of the way the world has changed regarding issues of sex and power. These disclosures follow in the wake of stories alleging sexual misconduct by public figures, including Bill O’Reilly, Roger Ailes, Bill Cosby, and Donald Trump. In October, 2016, a month before the election, a tape emerged of Trump telling a celebrity-news reporter, “And when you’re a star, they let you do it. You can do anything. . . . Grab ’em by the pussy. You can do anything.” This past April, O’Reilly, a host at Fox News, was forced to resign after Fox was discovered to have paid five women millions of dollars in exchange for silence about their accusations of sexual harassment. Ailes, the former head of Fox News, resigned last July, after he was accused of sexual harassment. Cosby went on trial this summer, charged with drugging and sexually assaulting a woman. The trial ended with a hung jury.
On October 5th, in an initial effort at damage control, Weinstein responded to the Times piece by issuing a statement partly acknowledging what he had done, saying, “I appreciate the way I’ve behaved with colleagues in the past has caused a lot of pain, and I sincerely apologize for it.” In an interview with the New York Post, he said, “I’ve got to deal with my personality, I’ve got to work on my temper, I have got to dig deep. I know a lot of people would like me to go into a facility, and I may well just do that—I will go anywhere I can learn more about myself.” Weinstein went on, “In the past I used to compliment people, and some took it as me being sexual, I won’t do that again.” In his statement to the Times, Weinstein claimed that he would “channel that anger” into a fight against the leadership of the National Rifle Association. He also said that it was not “coincidental” that he was organizing a foundation for women directors at the University of Southern California. “It will be named after my mom and I won’t disappoint her.”
Sallie Hofmeister, a spokesperson for Weinstein, issued a statement in response to the allegations in this article. It reads in full: “Any allegations of non-consensual sex are unequivocally denied by Mr. Weinstein. Mr. Weinstein has further confirmed that there were never any acts of retaliation against any women for refusing his advances. Mr. Weinstein obviously can’t speak to anonymous allegations, but with respect to any women who have made allegations on the record, Mr. Weinstein believes that all of these relationships were consensual. Mr. Weinstein has begun counseling, has listened to the community and is pursuing a better path. Mr. Weinstein is hoping that, if he makes enough progress, he will be given a second chance.”
While Weinstein and his representatives have said that the incidents were consensual, and were not widespread or severe, the women I spoke to tell a very different story.
Lucia Stoller, now Lucia Evans, was approached by Weinstein at Cipriani Upstairs, a club in New York, in 2004, the summer before her senior year at Middlebury College. Evans wanted to be an actress, and although she had heard rumors about Weinstein she let him have her number. Weinstein began calling her late at night, or having an assistant call her, asking to meet. She declined, but said that she would do readings during the day for a casting executive. Before long, an assistant called to set up a daytime meeting at the Miramax office, in Tribeca, first with Weinstein and then with a casting executive, who was a woman. “I was, like, ‘Oh, a woman, great, I feel safe,’ ” Evans said.
When Evans arrived for the meeting, the building was full of people. She was led to an office with exercise equipment and takeout boxes on the floor, where she met with Weinstein alone. Evans said that she found him frightening. “The type of control he exerted, it was very real,” she told me. “Even just his presence was intimidating.”
In the meeting, Evans recalled, “he immediately was simultaneously flattering me and demeaning me and making me feel bad about myself.” Weinstein told her that she’d “be great in ‘Project Runway’ ”—the show, which Weinstein helped produce, premièred later that year—but only if she lost weight. He also told her about two scripts, a horror movie and a teen love story, and said one of his associates would discuss them with her.
“At that point, after that, is when he assaulted me,” Evans said. “He forced me to perform oral sex on him.” As she objected, Weinstein took his penis out of his pants and pulled her head down onto it. “I said, over and over, ‘I don’t want to do this, stop, don’t,’ ” she said. “I tried to get away, but maybe I didn’t try hard enough. I didn’t want to kick him or fight him.” In the end, she said, “He’s a big guy. He overpowered me.” At a certain point, she said, “I just sort of gave up. That’s the most horrible part of it, and that’s why he’s been able to do this for so long to so many women: people give up, and then they feel like it’s their fault.”
Weinstein appeared to find the encounter unremarkable. “It was like it was just another day for him,” Evans said. “It was no emotion.” Afterward, she said, he acted as if nothing had happened. She wondered how Weinstein’s staff could not know what was going on.
After the encounter, she met with the female casting executive, who sent her the scripts, and also came to one of her acting-class readings a few weeks later. (Evans does not believe that the executive was aware of Weinstein’s behavior.) Weinstein, Evans said, began calling her again late at night. Evans told me that the entire sequence of events had a routine quality. “It feels like a very streamlined process,” she said. “Female casting director, Harvey wants to meet. Everything was designed to make me feel comfortable before it happened. And then the shame in what happened was also designed to keep me quiet.”
Evans said that, after the incident, “I just put it in a part of my brain and closed the door.” She continued to blame herself for not fighting harder. “It was always my fault for not stopping him,” she said. “I had an eating problem for years. I was disgusted with myself. It’s funny, all these unrelated things I did to hurt myself because of this one thing.” Evans told friends some of what had happened, but felt largely unable to talk about it. “I ruined several really good relationships because of this. My schoolwork definitely suffered, and my roommates told me to go to a therapist because they thought I was going to kill myself.”
In the years that followed, Evans encountered Weinstein occasionally. Once, while she was walking her dog in Greenwich Village, she saw him getting into a car. “I very clearly saw him, I made eye contact,” she said. “I remember getting chills down my spine just looking at him. I was so horrified. I have nightmares about him to this day.”
Asia Argento, an actress born in Rome, played the role of a glamorous thief named Beatrice in the crime drama “B. Monkey,” which was released in the U.S. in 1999. The distributor was Miramax. In a series of long and often emotional interviews, Argento told me that Weinstein assaulted her while they worked together.
At the time, Argento was twenty-one and a rising actress who had twice won the Italian equivalent of the Oscar. Argento said that, in 1997, one of Weinstein’s producers invited her to what she understood to be a party thrown by Miramax at the Hôtel du Cap-Eden-Roc, on the French Riviera. Argento felt professionally obliged to attend. When the producer led her upstairs that evening, she said, there was no party—only a hotel room, empty but for Weinstein: “I’m, like, ‘Where is the fucking party?’ ” She recalled the producer telling her, “Oh, we got here too early,” before he left her alone with Weinstein. (The producer denies bringing Argento to the room that night.) At first, Weinstein was solicitous, praising her work. Then he left the room. When he returned, he was wearing a bathrobe and holding a bottle of lotion. “He asks me to give a massage. I was, like, ‘Look man, I am no fucking fool,’ ” Argento said. “But, looking back, I am a fucking fool. And I am still trying to come to grips with what happened.”
Argento said that, after she reluctantly agreed to give Weinstein a massage, he pulled her skirt up, forced her legs apart, and performed oral sex on her as she repeatedly told him to stop. Weinstein “terrified me, and he was so big,” she said. “It wouldn’t stop. It was a nightmare.”
At some point, Argento said, she stopped saying no and feigned enjoyment, because she thought it was the only way the assault would end. “I was not willing,” she told me. “I said, ‘No, no, no.’ . . . It’s twisted. A big fat man wanting to eat you. It’s a scary fairy tale.” Argento, who insisted that she wanted to tell her story in all its complexity, said that she didn’t physically fight him off, something that has prompted years of guilt.
“The thing with being a victim is I felt responsible,” she said. “Because if I were a strong woman, I would have kicked him in the balls and run away. But I didn’t. And so I felt responsible.” She described the incident as a “horrible trauma.” Decades later, she said, oral sex is still ruined for her. “I’ve been damaged,” she told me. “Just talking to you about it, my whole body is shaking.”
Argento recalled sitting on the bed after the incident, her clothes “in shambles,” her makeup smeared. She said that she told Weinstein, “I am not a whore,” and that he began laughing. He said he’d put the phrase on a T-shirt. Afterward, Argento said, “He kept contacting me.” For a few months, Weinstein seemed obsessed, offering her expensive gifts.
What complicates the story, Argento readily allowed, is that she eventually yielded to Weinstein’s further advances and even grew close to him. Weinstein dined with her, and introduced her to his mother. Argento told me, “He made it sound like he was my friend and he really appreciated me.” She said that she had consensual sexual relations with him multiple times over the course of the next five years, though she described the encounters as one-sided and “onanistic.” The first occasion, several months after the alleged assault, came before the release of “B. Monkey.” “I felt I had to,” she said. “Because I had the movie coming out and I didn’t want to anger him.” She believed that Weinstein would ruin her career if she didn’t comply. Years later, when she was a single mother dealing with childcare, Weinstein offered to pay for a nanny. She said that she felt “obliged” to submit to his sexual advances.
Argento said that she knew this contact would be used to attack the credibility of her allegation. In part, she said, the initial assault made her feel overpowered each time she encountered Weinstein, even years later. “Just his body, his presence, his face, bring me back to the little girl that I was when I was twenty-one,” she told me. “When I see him, it makes me feel little and stupid and weak.” She broke down as she struggled to explain. “After the rape, he won,” she said.
In 2000, Argento released “Scarlet Diva,” a movie that she wrote and directed. In the film, a heavyset producer corners the character of Anna, who is played by Argento, in a hotel room, asks her for a massage, and tries to assault her. After the movie came out, women began approaching Argento, saying that they recognized Weinstein’s behavior in the portrayal. “People would ask me about him because of the scene in the movie,” she said. Some recounted similar details to her: meetings and professional events moved to hotel rooms, bathrobes and massage requests, and, in one other case, forced oral sex.
Weinstein, according to Argento, saw the film after it was released in the U.S., and apparently recognized himself. “Ha, ha, very funny,” Argento remembered him saying to her. But he also said that he was “sorry for whatever happened.” The movie’s most significant departure from the real-life incident, Argento told me, was how the hotel-room scene ended. “In the movie I wrote,” she said, “I ran away.”
Other women were too afraid to allow me to use their names, but their stories are uncannily similar to these allegations. One, a woman who worked with Weinstein, explained her reluctance to be identified. “He drags your name through the mud, and he’ll come after you hard with his legal team.”
Like other women in this article, she said that Weinstein brought her to a hotel room under a professional pretext, changed into a bathrobe, and “forced himself on me sexually.” She said no, repeatedly and clearly. Afterward, she experienced “horror, disbelief, and shame,” and considered going to the police. “I thought it would be a ‘He said, she said,’ and I thought about how impressive his legal team is, and I thought about how much I would lose, and I decided to just move forward,” she said. The woman continued to have professional contact with Weinstein after the alleged rape, and acknowledged that subsequent communications between them might suggest a normal working relationship. “I was in a vulnerable position and I needed my job,” she told me. “It just increases the shame and the guilt.”
Mira Sorvino, who starred in several of Weinstein’s films, told me that he sexually harassed her and tried to pressure her into a physical relationship while they worked together. She said that, at the Toronto International Film Festival in September, 1995, she found herself in a hotel room with Weinstein, who produced the movie she was there to promote, “Mighty Aphrodite,” for which she later won an Academy Award. “He started massaging my shoulders, which made me very uncomfortable, and then tried to get more physical, sort of chasing me around,” she recalled. She scrambled for ways to ward him off, telling him it was against her religion to date married men. (At the time, Weinstein was married to Eve Chilton, a former assistant.) Then she left the room.
A few weeks later, in New York City, her phone rang after midnight. It was Weinstein, saying that he had new marketing ideas for the film and asking to meet. Sorvino offered to meet him at an all-night diner, but he told her he was coming over to her apartment and hung up. “I freaked out,” she told me. She called a friend and asked him to come over and pose as her boyfriend. The friend hadn’t arrived by the time Weinstein rang her doorbell. “Harvey had managed to bypass my doorman,” she said. “I opened the door terrified, brandishing my twenty-pound Chihuahua mix in front of me, as though that would do any good.” When she told Weinstein that her new boyfriend was on his way, Weinstein became dejected and left.
Sorvino said that she struggled for years with whether to come forward with her story, partly because she was aware that it was mild compared to the experiences of other women, including another actress she spoke to at the time. (That actress told me that she locked herself in a hotel bathroom to escape Weinstein, and that he masturbated in front of her. She said it was “a classic case” of “someone not understanding the word ‘no’. . . I must have said no a thousand times.”) The fact that Weinstein was so instrumental in Sorvino’s success also made her hesitate: “I have great respect for Harvey as an artist, and owe him and his brother a debt of gratitude for the early success in my career, including the Oscar.” She had professional contact with Weinstein for years after the incident, and remains close friends with his brother and business partner, Bob Weinstein. (She said that she never told Bob about his brother’s behavior.)
Sorvino said that she felt afraid and intimidated, and that the incidents had a significant impact on her. When she told a female employee at Miramax about the harassment, the woman’s reaction “was shock and horror that I had mentioned it.” Sorvino appeared in a few more of Weinstein’s films afterward, but felt that saying no to Weinstein and reporting the harassment had ultimately hurt her career. She said, “There may have been other factors, but I definitely felt iced out and that my rejection of Harvey had something to do with it.”
In March, 2015, Ambra Battilana Gutierrez, who was once a finalist in the Miss Italy contest, met Harvey Weinstein at a reception for “New York Spring Spectacular,” a show that he was producing at Radio City Music Hall. Weinstein introduced himself to Gutierrez, who was twenty-two, remarking repeatedly that she looked like the actress Mila Kunis.
Following the event, Gutierrez’s agency e-mailed to say that Weinstein wanted to set up a business meeting as soon as possible. Gutierrez arrived at Weinstein’s office in Tribeca early the next evening with her modelling portfolio. In the office, she sat with Weinstein on a couch to review the portfolio, and he began staring at her breasts, asking if they were real. Gutierrez later told officers of the New York Police Department Special Victims Division that Weinstein then lunged at her, groping her breasts and attempting to put a hand up her skirt while she protested. He finally backed off and told her that his assistant would give her tickets to “Finding Neverland,” a Broadway play that he was producing. He said that he would meet her at the show that evening.
Instead of going to the show that night, Gutierrez went to the nearest N.Y.P.D. precinct station and reported the assault. Weinstein telephoned her later that evening, annoyed that she had failed to appear at the play. She picked up the call while sitting with investigators from the Special Victims Division, who listened in on the call and devised a plan: Gutierrez would agree to see the show the following day and then meet with Weinstein. She would wear a wire and attempt to extract a confession or incriminating statement.
The next day, Gutierrez met Weinstein at the bar of the Tribeca Grand Hotel. A team of undercover officers helped guide her through the interaction. On the recording, which I have heard in full, Weinstein lists actresses whose careers he has helped and offers Gutierrez the services of a dialect coach. Then he presses her to join him in his hotel room while he showers. Gutierrez says no repeatedly; Weinstein persists, and after a while she accedes to his demand to go upstairs. But, standing in the hallway outside his room, she refuses to go farther. In an increasingly tense exchange, he presses her to enter. Gutierrez says, “I don’t want to,” “I want to leave,” and “I want to go downstairs.” She asks him directly why he groped her breasts the day before.
“Oh, please, I’m sorry, just come on in,” Weinstein says. “I’m used to that. Come on. Please.”
“You’re used to that?” Gutierrez asks, sounding incredulous.
“Yes,” Weinstein says. He later adds, “I won’t do it again.”
After almost two minutes of back-and-forth in the hallway, Weinstein finally agrees to let her leave.
According to a law-enforcement source, Weinstein, if charged, would have most likely faced a count of sexual abuse in the third degree, a misdemeanor punishable by a maximum of three months in jail. But, as the police investigation proceeded and the allegation was widely reported, details about Gutierrez’s past began to appear in the tabloids. In 2010, as a young contestant in a beauty pageant associated with the former Italian Prime Minister Silvio Berlusconi, Gutierrez had attended one of his infamous Bunga Bunga parties. She claimed that she had been unaware of the nature of the party before arriving, and eventually became a witness in a bribery case against Berlusconi, which is still ongoing. Gossip outlets also reported that Gutierrez, as a teen-ager, had made an allegation of sexual assault against an older Italian businessman but later declined to coöperate with prosecutors.
Two sources close to the police investigation said that they had no reason to doubt Gutierrez’s account of the incident. One of them, a police source, said that the department had collected more than enough evidence to prosecute Weinstein. But the other source said that Gutierrez’s statements about her past complicated the case for the office of the Manhattan District Attorney, Cyrus Vance, Jr. After two weeks of investigation, the District Attorney’s office decided not to file charges. The D.A.’s office declined to comment on this story but pointed me to their statement at the time: “This case was taken seriously from the outset, with a thorough investigation conducted by our Sex Crimes Unit. After analyzing the available evidence, including multiple interviews with both parties, a criminal charge is not supported.”
“We had the evidence,” the police source involved in the operation told me. “It’s a case that made me angrier than I thought possible, and I have been on the force a long time.”
Gutierrez, when contacted for this story, said that she was unable to discuss the incident. According to a source close to the matter, after the D.A.’s office decided not to press charges, Gutierrez, facing Weinstein’s legal team, and in return for a payment, signed a highly restrictive nondisclosure agreement with Weinstein, including an affidavit stating that the acts Weinstein admits to in the recording never happened.
Weinstein’s use of such settlements was reported by the Times and confirmed to me by numerous sources. A former employee with firsthand knowledge of two settlement negotiations that took place in London in the nineteen-nineties recalled, “It felt like David versus Goliath . . . the guy with all the money and the power flexing his muscle and quashing the allegations and getting rid of them.”