A California appeals court has upheld Harvey Weinstein’s 2022 conviction for rape and sexual assault but ordered a resentencing, leaving open the possibility of changes to his prison term. The unanimous ruling was issued Friday by a three-judge panel from the 2nd District Court of Appeal.

Weinstein, the former Hollywood producer, was convicted last December in Los Angeles County on one count of rape and two counts of sexual assault involving an Italian model and actor identified during the trial as Jane Doe 1. He was subsequently sentenced to 16 years in prison. The convicted offenses stemmed from an incident in 2013 at the LA Italia Film Festival, where Weinstein was found to have assaulted the accuser in her hotel room.

Weinstein’s legal team had challenged the verdict on the grounds that the trial judge, Lisa B. Lench, improperly limited their ability to cross-examine a key witness — the festival’s head, Pascal Vicedomini — regarding his relationship with the accuser. They argued that prevented evidence showing a sexual relationship between the two women could have undermined the accuser's credibility and the prosecution’s case. Defense attorney Jennifer Bonjean told the appeals court that the trial court had “all but gutted” Weinstein’s defense by restricting this line of inquiry.

Prosecutors countered that any possible affair between the accuser and Vicedomini was irrelevant to the charges and did not pertain to disputed case issues. The appeals panel ultimately agreed with the conviction but found that the sentence imposed could not stand, prompting the order for resentencing.

The accuser, who revealed her identity as Evgeniya Chernyshova following the trial, has also filed a civil lawsuit against Weinstein. Chernyshova’s attorney confirmed that she consented to being named publicly, a departure from typical policy of withholding the names of sexual assault survivors unless they choose to come forward.

Separately, Weinstein faces legal developments in New York, where prosecutors recently dropped plans for a fourth trial after an accuser in one of the #MeToo-era cases said she could not testify again. While he remains convicted on a separate sexual assault charge in New York, he awaits sentencing scheduled for September. Prosecutors there have recommended a 20-year prison term, which would be served prior to any California sentence.

In a statement, Weinstein’s spokesperson Juda Engelmayer expressed disappointment with the appeals court decision and stated plans to seek further review by the California Supreme Court, citing “significant legal errors” during the trial.

Emails seeking comment from Chernyshova’s legal team and Los Angeles County prosecutors were not immediately returned.