A judge dropped a sexual assault charge against Harvey Weinstein on Thursday after the Manhattan district attorney's office reportedly discovered an account from the accuser which the office claimed showed her encounter with Weinstein was consensual.
The now-dismissed charge stemmed from allegations leveled by Lucia Evans, a former aspiring actress who told The New Yorker last October that Weinstein had forced her to perform oral sex on him during a meeting in at the Tribeca Miramax offices in 2004.
“I said, over and over, ‘I don’t want to do this, stop, don’t,’ ” Evans told The New Yorker at the time, recalling the alleged assault. “I tried to get away, but maybe I didn’t try hard enough. I didn’t want to kick him or fight him.
“I just sort of gave up," she said. "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.”
According to ABC News, the "account" uncovered by the Manhattan district attorney's office comes from Evans herself, and appears to "contradict" her earlier retelling of it to The New Yorker.
Evans' attorney Carrie Goldberg spoke out against the judge's decision on Thursday to drop the charge and "abandon" her client.
"Let me be clear: The decision to throw away my client's sexual assault charges says nothing about Weinstein's guilt or innocence," Goldberg said in a statement. "Nor does it reflect on Lucia's consistent allegation that she was sexually assaulted with force by Harvey Weinstein.
"It only speaks volumes about the Manhattan DA's office and its mishandling of my client's case."
Manhattan's district attorney, Cy Vance, was under investigation for his decision in 2015 to drop a case against Weinstein until September, when New York Governor Andrew Cuomo temporarily suspended the probe into Vance's handling of the case.
Even with Evans' charges having been dropped, Weinstein still faces multiple counts of sexual assault from two other women in the New York criminal case against him. He has pleaded not guilty to all of them.