Harvey Weinstein facing two allegations of sexual assault

The New York Police Department is now probing two separate allegations of sexual assault involving disgraced movie mogul Harvey Weinstein.

A senior law enforcement official told NBC News that these complaints were filed in the past week with NYPD officials, who previously investigated the Hollywood executive in 2015 following allegations that he groped Italian model Ambra Battilana.

The incidents both occurred over 10 years ago and have been deemed credible by the department according to the senior official, who also noted that this does not mean either of these allegations will result in criminal charges being filed against Weinstein.

There is no statute of limitations on rape, criminal sexual act or aggravated sexual abuse in the first degree in the state of New York. 

A law enforcement source told DailyMail.com that one of these complaints was filed by Lucia Evans, who told The New Yorker that Weinstein forced her to perform oral sex on him in 2004 at his office.  The identity of the other individual is not known at this time.  

 

Down and out: There are now two credible allegations of sexual assault that have been filed with the NYPD involving Harvey Weinstein says a senior official (Weinstein outside his NYC offices on October 4)

Evans (nee Stoller) was preparing for her senior year at Middlebury in 2004 when she met Weinstein at Cipriani in New York City.

She wanted to be an actress and gave the executive her phone number, eventually agreeing to come in and read for a female casting director at Weinstein’s offices in Tribeca.

When she arrived however she was taken to meet Weinstein in a room with empty takeout boxes and exercise equipment.

The two spoke for a bit and then, according to Evans, Weinstein pulled out his penis and forced her to perform oral sex on him inside the office.

‘I said, over and over, “I don’t want to do this, stop, don’t,”‘ said Evans. 

‘I tried to get away, but maybe I didn’t try hard enough. I didn’t want to kick him or fight him.’

Weinstein’s size ultimately  proved to be too much for Evans she claims, saying she eventually found herself completely helpless.

‘I just sort of gave up. 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,’ said Evans.

Weinstein later acted as if nothing had happened she said, and began calling her at night to meet.

Evans said she repeatedly turned down the executive.

The repercussions from the incident last to this day however, with Evans saying she still had nightmares.

Compalint: Lucia Evans was in college when she was allegedly raped by Weinstein

Compalint: Lucia Evans was in college when she was allegedly raped by Weinstein

‘I had an eating problem for years. I was disgusted with myself. It’s funny, all these unrelated things I did to hurt myself because of this one thing,’ said Evans. 

‘I ruined several really good relationships because of this. My schoolwork definitely suffered, and my roommates told me to go to a therapist because they thought I was going to kill myself.’ 

Another woman who claimed Weinstein raped her revealed that she feared going to the police and even stayed in contact with the man because of the power he wielded in the industry.

‘I was in a vulnerable position and I needed my job,’ said the woman. 

‘It just increases the shame and the guilt.’ 

Evans has gone quiet on social media for the past few days after turning down requests for comment. 

‘Friends -your support means the world. Keep it coming. Media -I will not be doing interviews at this time. Pls respect my family’s privacy,’ wrote Evans on Twitter Thursday.

When she was pressed by one follower, she reiterated: ‘No comment.’ 

There is still no timeline for how long it might take to gather all the necessary evidence to possibly charge Weinstein with a crime. 

‘The NYPD is conducting a review to determine if there are any additional complaints relating to the Harvey Weinstein matter,’ a spokesperson said in a statement to DailyMail.com.

That individual then added however that ‘no filed complaints have been identified as of this time.’

It was revealed last week that Weinstein was just moments away from possibly being cuffed and thrown in jail back in 2015 when the NYPD set up a sting operation with Battilana after she accused him of groping her during a business meeting.

She had agreed to record her conversation with Weinstein on March 28, 2015 when the two met at the Tribeca Grand Hotel, one day after she accused the movie mogul of groping her breasts and sticking his hand under her skirt.

The audio recording of the sting, which was obtained and published by the New Yorker last Tuesday, captured Weinstein apologizing to Battilana and telling the model: ‘Listen, come up to my room.’

Detectives were on the scene at the time hoping to catch Weinstein in the act so that they might be able to arrest him on the spot.

At the last second, however, Battilana could not go through with it out of safety fears and the pair returned downstairs, where Weinstein was soon picked up by the detectives and taken in for questioning. 

On the scene: There is no statute of limitations on rape, criminal sexual act or aggravated sexual abuse in the first degree in the state of New York (LAPD officers outside the home of Weinstein's daughter last week)

On the scene: There is no statute of limitations on rape, criminal sexual act or aggravated sexual abuse in the first degree in the state of New York (LAPD officers outside the home of Weinstein’s daughter last week)

Battilana is one of the eight women who allegedly received a settlement from Weinstein according to the explosive New York Times investigation that was released on Thursday.

Weinstein first met Battilana at a show he was producing in New York on March 2015. The film mogul introduced himself to her and repeatedly stated that she looked like Mila Kunis, according to an expose by the New Yorker. 

He scheduled a meeting at his Tribeca office with her the following day through her agency. She was sitting on the couch when he started staring at her breasts and then asked if they were real. 

Battilana told NYPD officers that soon after, Weinstein lunged at her and groped her breasts and tried to put his hand under her skirt. She said he eventually backed off and then invited her to the Broadway play Finding Neverland with him the following night.

The Italian model never showed up at the play because she went to file a police report at an NYPD precinct regarding the alleged abuse. With the help of undercover officers, Battilana arranged to meet Weinstein again at the Tribeca Grand Hotel (now the Roxy).

She wore a wire to record her conversation with Weinstein during which he spoke of the actresses he had helped with their careers and offered to get her a dialect coach.

Weinstein was caught on the recording asking Battilana to come up to his hotel room and watch him shower. 

She protested at first but then agreed to go upstairs. However, at the last minute, Battilana changed her mind and begged him to let her leave.

Weinstein assembled a team with close ties to the the DA's office when police began investigating his groping of model Ambra Battilana (above in March 2015 )

Weinstein assembled a team with close ties to the the DA’s office when police began investigating his groping of model Ambra Battilana (above in March 2015 )

‘I don’t want to,’ ‘I want to leave,’ and ‘I want to go downstairs,’ she says in the audio. 

When she asked him why he groped her breasts, Weinstein responds: ‘Oh, please, I’m sorry, just come on in. I’m used to that. Come on. Please… I won’t do it again.’

Earlier in the recording he could be heard telling her: ‘I’m telling you right now, get in here. I’m going to take a shower, you sit there and have a drink.

‘I’m not doing anything with you, I promise,’ he said before adding ‘Now you are embarrassing me’ as she protested in the hall. 

Battilana said: ‘No yesterday was kind of aggressive for me.’

Weinstein responded: ‘Don’t embarrass me in the hotel, I’m here all the time.

‘I’m not going to do anything and you’ll never see me again after this. If you embarrass me in this hotel where I’m staying at…

‘Honey don’t have a fight with me in the hallway. Please, I’m not going to do anything, I swear on my children. Please come in. On everything, I’m a famous guy.

‘I will never do another thing to you. Don’t ruin your friendship with me for five minutes. Please you’re making a big scene.’

After going back and forth for two minutes, Weinstein agreed to let her go.  

Charges were ultimately never filed against Weinstein after details about Battilana’s past began to appear in the tabloid media, including that she had once attended one of the infamous Bunga Bunga parties thrown by former Italian Prime Minister Silvio Berlusconi.  

Three days after meeting with Battilana at their office, a spokesperson for Vance announced that the probe into the incident did not find enough evidence to pursue a case.

‘This case was taken seriously from the outset, with a thorough investigation conducted by our sex crimes unit,’ said Joan Vollero at the time.

‘After analyzing the available evidence, including multiple interviews with both parties, a criminal charge is not supported.’ 

The New York Times revealed on Sunday that Weinstein surrounded himself with a very connected team of litigators before learning that charges would not be pursued in the case.

He retained Elkan Abramowitz, a former law partner of Vance, and Daniel S. Connolly, who was also a former prosecutor.

Linda Fairstein came on as a consultant and introduced Weinstein’s lawyer Abramowitz to Martha Bashford, the head of the district attorney’s sex crimes bureau.

‘Any allegations of non-consensual sex are unequivocally denied by Mr. Weinstein,’ said his spokesperson Sallie Hofmeister in a statement.

‘Mr. Weinstein has further confirmed that there were never any acts of retaliation against any women for refusing his advances.’

She went on to state: ‘Mr. Weinstein obviously can’t speak to anonymous allegations, but with respect to any women who have made allegations on the record, Mr. Weinstein believes that all of these relationships were consensual. 

‘Mr. Weinstein has begun counseling, has listened to the community and is pursuing a better path. Mr. Weinstein is hoping that, if he makes enough progress, he will be given a second chance.’

There is still no confirmation that Weinstein has entered rehab or sought counseling.

Read more at DailyMail.co.uk