100 Women. One Trial.
New York magazine|January 6–19, 2020
After a flood of allegations that launched a movement, Harvey Weinstein will finally face rape and sexual-assault charges. But nothing in the case has been simple.
By Irin Carmon. Portfolio by Amanda Demme
100 Women. One Trial.

It is true but incomplete to say that the word of one woman was not enough to bring down the law on Harvey Weinstein. The full truth is uglier. In the spring of 2015, Weinstein’s own admissions of groping a woman without her consent, first overheard by officers and then caught on tape, weren’t enough for prosecutors to bring charges.

Ambra Battilana Gutierrez was 22 when she reported to the NYPD that, earlier that day at a business meeting, the superstar Hollywood producer had grabbed her breasts and put his hands up her skirt. As she sat with Special Victims detectives, Weinstein called her and police heard him acknowledge touching her breasts. Gutierrez was distraught, but she agreed to wear a wire to meet Weinstein the next day in the lobby of the Tribeca Grand, where he asked her to come to his hotel room while he took a shower. Gutierrez repeatedly said she wanted to leave, then demanded to know why he had groped her breasts. Weinstein replied, “Oh please, I’m sorry, just come on in … I’m used to that.”

He was also used to what happened to him after he was hauled in for questioning, which was nothing. The producer assembled a team of well- connected advocates, from Rudy Giuliani to the former chief of the Manhattan district attorney’s Sex Crimes Unit, Linda Fairstein. Tabloids battered Gutierrez’s reputation. “Page Six” referred to Weinstein as a “married dad of five” and quoted an anonymous source dismissing the case as extortion. Detectives later said prosecutors in Manhattan DA Cyrus Vance’s office had grilled Gutierrez about whether she was a sex worker. Days later, they announced they would bring no charges.

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