Weinstein lawyer: Rape accuser had consensual relationship

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Harvey Weinstein has been indicted on rape and criminal sex act charges in New York City.

The rape charge is related to an incident on March 18th, 2013, when Weinstein allegedly kept a woman "physically against her will" at 569 Lexington Avenue and raped her, according to the Manhattan DA's office.

But Manhattan District Attorney Cyrus Vance Jr. decided not to bring charges, citing a lack of evidence. The defendant's recent assault on the integrity of the survivors and the legal process is predictable.

Since his arrest, however, Weinstein posted $1 million bail and is now wearing a monitoring device that does not allow him to go past NY or CT.

Brafman also claimed that an indictment was "inevitable due to the unfair political pressure being placed on Cy Vance to secure a conviction".

A law enforcement official told The Associated Press that the criminal sex act charges stem from a 2004 encounter between Weinstein and an aspiring actress.

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Harvey Weinstein listened, May 25, during a court proceeding in NY. He said Weinstein expects to be exonerated if the case goes to trial.

Weinstein has denied all allegations of nonconsensual sex, since the bombshell allegations surfaced seven months ago. Defendants have the right to testify in a grand jury's secret proceedings but often don't, for various reasons.

Brafman said Weinstein and the woman continued their relationship beyond the date of the alleged rape, and he spoke of Weinstein's state of mind as "serious" given he is accused of a crime he insists he did not commit. He posted $1 million bail in cash, his lawyer Benjamin Brafman said.

Brafman said he also wouldn't identify the woman by name, but speaking to reporters outside a Manhattan courthouse, said she was "someone with whom he has had a 10-year consensual, sexual relationship, both before the alleged incident and after the alleged incident". She has said he forced her to perform oral sex.

Police set up a sting in which the woman recorded herself confronting Weinstein and him apologizing for his conduct. Gov. Andrew M. Cuomo ordered the attorney general's office to investigate Vance's handling of the Gutierrez case.