David Diaz, Manager, Davenport Laroche

The Harvey Weinstein sexual abuse and harassment scandal has reached another level. When the news broke that he would likely be arrested, Weinstein opted to surrender to police, in anticipation of charges being leveled based on the accusations of at least on of Weinstein’s alleged victims.

While his reputation is already in tatters, and the power he wielded through his massive movie production empire has been shaken, this is the first time Weinstein has faced criminal charges connected with the mounting allegations of sexual misconduct.

According to multiple media reports, this case centers on Lucia Evans, who was an aspiring actress when she caught the attention of Weinstein. According to Evans, who was speaking to a New Yorker magazine reporter at the time, the movie mogul “forced” Evans to perform a sex act. At the time, Evans was in college at Middlebury, and hoping to break into acting.

Evans told the reporter she tried to get Weinstein to stop, saying, “Over and over, I said, I don’t want to do this… stop… don’t… I tried to get away, but maybe I didn’t try hard enough…” Evans said she didn’t report the incident because she felt guilty for not fighting back hard enough.

Since the magazine interview, police spoke with Evans and a grand jury was convened about the case. While, at least as of this writing, the formal charges have not been released, Weinstein’s camp continues to insist he never had “non consensual sex” with anyone… assuming that includes Evans. His attorneys have said the case is “entirely without merit.”

Meanwhile, there is tremendous pressure on the District Attorney’s office to bring criminal charges against the man many see as the catalyst for the MeToo movement. Many women’s groups, as well as those who support them, are not content to see the accused men lose their jobs or their empires… they want charges brought and convictions made.

In this case, at least based on what is known so far, that’s going to be a tough road to go down. Unless Evans has compelling evidence to support her allegations, it will come down to a he said – she said. And that’s not likely to result in a conviction, even in this social climate. Then again, at least one prominent New York power broker is pushing for authorities to do more to Weinstein. Gov. Andrew Cuomo has moved to demand the state attorney general to investigate how previous allegations related to Weinstein were handled.

These two situations could collide, especially in the minds of both the general public and potential jurors, when it comes to deciding exactly who and how much to believe.