Could Harvey Weinstein Still Be Prosecuted for a 1997 Rape Allegation?

An unusual state law in Utah slows down the statute of limitations in such a case.

Some of the most serious allegations of sexual misconduct against Harvey Weinstein include rape. Most prominently, actress Rose McGowan has accused the embattled film executive of raping her while at the Sundance Film Festival in Utah in 1997. But since 20 years have passed, can she still file a case?

According to The Hollywood Reporter, since Utah has a law called "tolling" that essentially stops the clock on the statute of limitations when a potential defendant is out of state, and Weinstein has only been a yearly visitor to Utah, she could actually attempt to seek justice through the court system.

Loyola Law School criminal law professor Laurie Levenson told the publication that authorities in Utah “have the opening to [prosecute] and can't hide behind the statute of limitations.” 

Rose McGowan has not indicated that she plans to go this route, though she continues to speak out about what she insists happened to her and is inspiring others to speak out.

I may be imperfect, but goddamnit I care

A post shared by Rose McGowan (@rosemcgowan) on

Meanwhile, Harvey is currently in an inpatient rehab facility in Arizona to reportedly treat behavioral issues including sex addiction.

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