New York: Harvey Weinstein emails tied up in the Weinstein Company's bankruptcy case may force the rape indictment against the movie mogul to be dropped. The New York Times reported that his attorneys filed for the dismissal of the charges against him. The email evidence could show that one of the accusers, who is not named, may have had a long-standing and consensual relationship with him. They argued that the emails should have been made known to the Grand Jury, which would possibly not have indicted him if they had known the circumstances.

Emails indicate complainant in rape case expressed love after the alleged rape date

NBC News explained that lawyers argued "the failure of the district attorney to provide this evidence to the grand jury warrants a dismissal of the indictment." However, the news outlet got no reply to their questions to the Manhattan District Attorney's office on the issue.

New York Times reported that the attorneys want a fast decision as pre-trial hearings begin soon. Attorney Benjamin Brafman argued that after the alleged rape at the Doubletree Inn on Lexington Avenue, the accuser's emails showed an intimacy that strongly suggested a consensual relationship.

The emails may not be enough to stop the trial of Weinstein

NYT cited Fordham University professor of law, James A. Cohen, as saying that the emails may not be enough to stop the trial going ahead, as “people say things in the moment that they don’t particularly mean.” They also noted that legally, rape is possible even between couples in "an abusive marriage." While the emails may not get the charges dropped, the Weinstein attorneys will be able to use them to discredit the complainant. The defence case will not likely be a doddle in the park when the contents are used in the hands of a skilled legal defence team.

The known contents of the emails to Weinstein

While NBC did not carry any of the contents of the emails related to the rape charges against Harvey Weinstein, NYT did reproduce some of the claims the attorneys say are in them. The alleged rape took place on 18th March 2013. But the defence case says there were "hundreds of emails" after that date. One example was dated 11th April, three weeks after the alleged act. It said that she hoped to see him "sooner rather than later." The very next day another one followed where the accuser said, "It would be great to see you later and catch up." Five months down the road, she was still contacting Harvey, seemingly voluntarily, with a mail that said, "Miss you Big Guy.” One particular mail that caught the eye of the legal team was dated February, and they construed that she was not satisfied with their relationship and wanted it to be a lot "deeper" than it was.

The mail read, "I love you, always do. But hate feeling like a booty call. :).”

There were many such references, with one even suggesting her mother wanted to meet him, dinner arrangements, sponsorship, housing issues and vehicle problems.

#MeToo, accusers and Weinstein

Weinstein was brought down by multiple women alleging forced sexual acts. It spawned the #MeToo movement, which garnered the Time of The Year Award. The movie producer denied he ever had any sex with anyone who never wanted it. He noted via his lawyers that he did "not invent the casting couch." However, three charges were eventually brought against him. One was for an alleged sexual assault on an unnamed person, and two were allegations of forced oral sex. If the emails do help Harvey to get off the legal hook, their existence may very well hurt the #MeToo movement. Some people argue it has become a place where people are judged without trial and are found guilty by social kangaroo courts.

The existence of the emails was known ahead of the Grand Jury according to court papers. In May, according to Brafman, a request to obtain copies of the emails which were used as evidence in the Weinstein company case, was turned down.