De la Huerta says in November 2010, Weinstein went to her apartment, pushed her on the bed, lifted her skirt and raped her. She says in late December, Weinstein showed up again in her hotel lobby, she asked him to leave but he ended up in her apartment and he raped her again.
Law enforcement sources tell us there are problems with the case. The fact that it’s more than 7 years old creates issues, including memory of events.
Our sources say the case is made even more difficult by the fact that the actress had repeated interactions with Weinstein between the first and second alleged rape.
De la Huerta has said she told her therapist about the rapes, but our law enforcement sources say it’s not as clear as that. Law enforcement is aware of a correspondence in which the therapist recollects the 2010 session this way:
“I recall you reporting to me a sexual encounter with Harvey Weinstein involving intercourse in your apartment in 2010 that resulted in you feeling victimized. I recall you telling me that it felt coercive to you and that you didn’t want to have sex with him, but felt you had to as he was a man of power and rank and you couldn’t say no to his sexual advances.”
Our law enforcement sources say the therapist’s recollections do not show a lack of consent sufficient to prove rape.
One source said the weaknesses in the case don’t mean she wasn’t raped, but the standard of proving guilt beyond a reasonable doubt is extremely high and prosecutors don’t want to take a case to trial if the proof doesn’t meet the legal standard