Why Harvey Weinstein's Rape and Sex Assault Convictions Were Overturned — and Will Prosecutors Retry Case?

Harvey Weinstein is still behind bars, "but overturning the conviction can have a real impact on people's lives, especially the victims," one victims rights attorney tells PEOPLE

A New York appeals court has overturned Harvey Weinstein’s 2020 rape conviction after the 72-year-old's lawyer argued the disgraced Hollywood producer didn't receive a fair trial.

Weinstein is still serving prison time in Los Angeles for separate rape and sex assault convictions, but news that his New York convictions were overturned came as a blow to the many women who have accused him of sex crimes.

Ashley Judd, who has accused Weinstein of sexual misconduct, told The New York Times on Thursday that the court's decision "is unfair to survivors," some of whom may now be asked to relive their alleged experiences with Weinstein if his case ends up being rehashed in another trial.

Here’s what happened and what’s next.

'Prior bad acts' were not admissible, court rules

Aidala, Weinstein’s attorney, appealed his 2020 rape conviction by arguing his client didn’t receive a fair trial due to decisions made by the trial judge James Burke.

In particular, Weinstein’s attorney argued that Burke’s decision to allow three women to testify against Weinstein whose allegations weren't included in the case and permitting prosecutors to potentially confront Weinstein about his general behavior had created an unfair trial for the convicted rapist.

Aidala argued that these decisions by Burke meant that Weinstein's character was on trial, rather than the specific allegations at hand.

In its 4-3 decision to overturn Weinstein's conviction, the New York court ruled, "Under our system of justice, the accused has a right to be held to account only for the crime charged and, thus, allegations of prior bad acts may not be admitted against them for the sole purpose of establishing their propensity for criminality."

Michelle Simpson Tuegel, a victims rights attorney in Texas and New York, tells PEOPLE, “What the appellate court is saying here is that the trial court should not have admitted the testimony of uncharged prior victims other than the complainant of the underlying crimes that he was being prosecuted for in New York."

“The reason they have said that is that they say it is a type of evidence that basically is not material and is for a purpose that shouldn’t be admissible against him and the guilt innocence stage of the case,” Tuegel adds.

Judge's scathing dissent: 'Disturbing trend'

New York’s state Court of Appeals overturned Weinstein’s rape conviction in a 4-3 decision, The Associated Press reported.

Judge Madeline Singas, who disagreed with the decision to overturn Weinstein’s conviction, wrote a scathing dissent that claimed overturning the conviction continues a “disturbing trend of overturning juries’ guilty verdicts in cases involving sexual violence,” according to the AP.

Statistically, Tuegel says the chances of a convicted criminal winning an appeals case and overturning a court’s prior ruling is “very low.”

“This is certainly a unique situation,” the victim’s rights attorney says. “And that's not a small thing to happen in any case, but it's especially not a small thing and a case involving this level of a powerful person and this level of public interest and the public being invested in watching this case.”

Where is Weinstein now?

Weinstein is still serving prison time for separate rape and sex assault convictions in Los Angeles and will remain in prison.

His overturned conviction in New York raises the possibility that he could face less prison time, however.

Related: Harvey Weinstein Accuser Ashley Judd Calls His N.Y. Conviction Overturn 'Unfair to Survivors'

“I think a lot of people see this and they wonder, is he going to be let go? Is he free?” Tuegel says. “He’s still sitting in custody in New York. He's still also been convicted in California. So, he's not out from under this and he doesn't look like a free man to me at this point. But overturning the conviction can have a real impact on people's lives, especially the victims.”

What does the decision mean for the New York accusers?

The overturned conviction means the three women who alleged sexual assault against Weinstein in his New York trial may be asked to re-testify on the witness stand.

Other witnesses who testified previously who were not specifically involved in the allegations Weinstein was on trial for may not be asked to re-testify, however.

“I think in a new trial, the trial judge will be very cautious of allowing any other testimony of victims beyond the ones who are the subject of the case being tried because of this decision,” Tuegel says.

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Meanwhile, Judd and other survivors have already spoken out against the court’s decision to overturn Weinstein’s conviction.

“We still live in our truth. And we know what happened," Judd, 56, told the Times in her statement.

A lawyer for one of the women who testified against Weinstein in the case that led to his conviction in Los Angeles tells PEOPLE she’s “disappointed” in Thursday’s news.

“Evgeniya Chernyshova (Jane Doe 1 in the Los Angeles criminal case) is obviously disappointed that the criminal convictions against Weinstein were overturned in the New York case," attorney David Ring — who represented Chernyshova in the Los Angeles criminal proceedings against Weinstein — tells PEOPLE in a statement. "She feels badly for those victims who endured that trial and the subsequent appeals, only to see the convictions reversed. However, both she and I are confident that Weinstein’s Los Angeles conviction for rape will be upheld. As the only victim who has now obtained a criminal conviction against Weinstein, she will continue to stand tall and do whatever necessary to obtain justice not only for herself but for all victims.

D.A.'s office plans to retry case

Tuegel says prosecutors now have three options: retry Weinstein, abandon the charges against him, or agree to a plea deal “for something potentially lesser than what he was convicted for” in 2020, she says.

Already, the Manhattan District Attorney’s Office said it plans to retry the case.

“We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault,” said Emily Tuttle, deputy director of communications and senior advisor for the office.

Related: Susan Sarandon Says Hollywood Hasn't 'Done the Cleanup' Following the Aftermath of Harvey Weinstein

Despite what happens in Weinstein’s potential retrial, Tuegel says the decision to overturn his original conviction will already prove damaging to victims of sexual violence.

“I think other survivors see this and they think, well, if these victims are going through this and they had so much behind them, what's going to happen when I come forward?” Tuegel says. “That's the unfortunate thing about this ruling in addition to the direct impact it has to the victims in this case.”

If you or someone you know has been sexually assaulted, please contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.

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