- Harvey Weinstein will be investigated following claims made by one of his alleged victims to 'The New Yorker'
- Lucia Evans said that she was forced to perform oral sex on Weinstein inside his office despite repeatedly telling the executive 'no'
- The New York Police Department said on Thursday that they will now begin a investigation into the alleged incident, but had no complaint yet in the matter
- 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
- NYPD previously put together what they thought was a strong case to charge Weinstein in 2015 for groping a woman, but the DA did not pursue charges
- Evans has yet to file formal complaint in the case, and it is not known if she is cooperating with police
- The FBI and SVU unit of the NYPD are also looking into recent claims and seeking out other possible victims
By Chris Spargo For Dailymail.com
Published: 10:11 EDT, 12 October 2017 | Updated: 11:55 EDT, 12 October 2017
Harvey Weinstein could be heading to prison.
The New York Police Department said on Thursday that the embattled movie mogul is the subject of a newly opened investigation following an incident in 2004 when he allegedly forced a college student to perform oral sex on him at his Manhattan office.
Lucia Evans (nee Stoller) told The New Yorker that the summer before her senior year, Weinstein met her at a club and asked her to come in for a meeting at his office.
Soon after she arrived, she claims that Weinstein took of his pants and shoved her face into his crotch, overpowering her until she acquiesced to his demands.
The department said it was too early to know what charged Weinstein might face, but both rape and assault would seem in line with his actions should detectives uncover enough evidence.
NYPD also did not have a timeline yet for how long it might take to gather all the necessary evidence.
'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.'
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Trouble: Harvey Weinstein (left in July) will be investigated following claims made by one of his alleged victims to 'The New Yorker' (Lucia Evans right)
Scene: Lucia Evans said that she was forced to perform oral sex on Weinstein inside his office despite repeatedly telling the executive 'no' (Weinstein outside his office last Thursday with lawyer Lisa Bloom)
'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.'
Evans has yet to file formal complaint in the case, and it is not known if she is cooperating with police.
Weinstein, who is believed to have arrived at rehab in Arizona on Wednesday night, has yet to comment on this investigation.
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.
In the last case prepared by the NYPD in 2015 following a groping incident that Weinstein admitted to on tape, the district attorney's office did not pursue a case.
Evans was a college student 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.'
His size proved to be too much for Evans however, who 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 said Evans, who turned down the executive.
The repercussions from the incident last to this day however, with Evans saying she still has nightmares about 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.'
Recording: Model Ambra Battilana (above) can be heard repeatedly rejecting Weinstein's requests to have her join him in his bedroom in a recording obtained by the New Yorker
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.'
Chief of Detectives Robert Boyce ordered investigators in the Special Victims Division to begin seeking out any new victims on Wednesday as they started to build their case.
The end of the affair: Weinstein's wife Georgina Chapman (pair above in May) said she was leaving her husband earlier this week
Evans was one of two women who were allegedly assaulted by Weinstein in New York, with the other being model Ambra Battilani.
The aspiring actress said Weinstein grabbed her breasts and put his hand up her skirt in a meeting in his office. She fled and reported the 2015 incident to the NYPD right after the alleged assault.
The next day she agreed to meet the executive again but this time was recording the exchange for officers.
In the audio, obtained by the New Yorker, Weinstein apologizes but then tries to coax her into his hotel room.
Battilana says 'no' multiple times before Weinstein finally gives up and they return downstairs.
The most damning exchange is the one when Weinstein admits to groping the model.
'Oh, please, I’m sorry, just come on in. I’m used to that. Come on. Please,' Weinstein can be heard saying on the tape.
'You’re used to that?' responded Battilana.
'Yes. I won’t do it again,' said Harvey.
The recording led many to question District Attorney Cyrus Vance, who just a few months after deciding to drop charges got a $10,000 check for his campaign from Weinstein's lawyer David Boies.
'We had the evidence,' said a police source.
'It’s a case that made me angrier than I thought possible, and I have been on the force a long time.'
Surrounded: Weintein got two welfare calls from police on Wednesday in Los Angeles (above officers outside his daughter Lily's home)
Manhattan Chief Assistant District Attorney Karen Friedman-Agnifilo responded to the release of the audio in a statement on Tuesday.
'If we could have prosecuted Harvey Weinstein for the conduct that occurred in 2015, we would have. Mr. Weinstein’s pattern of mistreating women, as recounted in recent reports, is disgraceful and shocks the conscience,' said Friedman-Agnifilo.
'While the recording is horrifying to listen to, what emerged from the audio was insufficient to prove a crime under New York law, which requires prosecutors to establish criminal intent.'
She then added: 'Subsequent investigative steps undertaken in order to establish intent were not successful. This, coupled with other proof issues, meant that there was no choice but to conclude the investigation without criminal charges.'
The FBI meanwhile is also looking into Weinstein, reportedly at the request of Attorney General Jeff Sessions.
His boss, President Donald Trump, is no big fan of Weinstein's political ally and big-time campaign donor Hillary Clinton.
Detectives who worked on the 2015 case against Weinstein revealed earlier this week that they were in place and set to arrest the executive the day after he groped Battilana.
NYPD officers were getting ready to burst into his hotel room when he tried to get the model to join him again, but at the last moment she became too scared and could not be alone with the man.
'Any allegations of non-consensual sex are unequivocally denied by Mr. Weinstein. Mr. Weinstein has further confirmed that there were never any acts of retaliation against any women for refusing his advances,' said a spokesperson for Weinstein.
'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.'
From A-list stars to budding actresses: The women who accuse Harvey Weinstein of rape and sexual harassment during his two decade reign of terror in Hollywood
Many were young, powerless and afraid to speak out in case their careers were ruined.
For nearly three decades their accusations remained bottled up, some suppressed by pay-offs.
More than 30 women have now come forward with allegations of sexual harassment against Hollywood producer Harvey Weinstein, the man once described as 'God' of the film industry.
The accusations, including from some of the world's most famous actresses, range from inappropriate massages to rape.
Here is a list of those who have come forward so far.
Kate Beckinsale In an Instagram post the Underworld star said Weinstein made a move on her when she was just 17.
'When I arrived reception told me to go to his room. He opened the door in his bathrobe. I was incredibly naive and young and it did not cross my mind that this older, unattractive man would expect me to have any sexual interest in him. After declining alcohol and announcing that I had school in the morning I left, uneasy but unscathed. A few years later he asked me if he had tried anything with me in that first meeting.I realized he couldn't remember if he had assaulted me or not.'
Teen assault: Kate Beckinsale says Weinstein tried to ply her with alcohol and met her in his bathrobe when she was just 17
The star said that when she was 22, Weinstein touched her and suggested having joint massages in a hotel bedroom before she started shooting the 1996 Jane Austen adaptation Emma. She told the New York Times: 'I was a kid, I was signed up, I was petrified'.
Paltrow (pictured with Weinstein in 2002) told the New York Times that when she was 22 Weinstein touched her and suggested having joint massages in the bedroom
She said she told her then boyfriend Brad Pitt about the incident and he confronted the mogul. She said Weinstein then told her not to tell anyone and she feared getting fired.
Gwyneth Paltrow, 45, is an American actress, singer, and food writer who made her name starring in Seven (1995) and Emma (1996).
The actress told the New York Times she had to turn down advances from Weinstein in 1998 and chose never to work with him again. She said she warned other women about him.
She said: 'I had a bad experience with Harvey Weinstein in my youth, and as a result, chose never to work with him again and warn others when they did.'
Angelina Jolie, 42, is cited as Hollywood's highest-paid actress. She made her screen debut as a child alongside her father, Jon Voight, in Lookin' to Get Out (1982).
Jolie (pictured speaking ahead of a screening of her new film In the Land of Blood and Honey) told the New York Times she had to turn down advances from Weinstein in 1998
The model wrote on her Instagram page about a meeting with Weinstein in which he 'asked her to kiss another woman.'
She wrote: 'As soon as we were alone he began to brag about all the actresses he had slept with and how he had made their careers and spoke about other inappropriate things of a sexual nature. He then invited me to his room. I quickly declined and asked his assistant if my car was outside. She said it wasn't and wouldn't be for a bit and I should go to his room.
Delevigne wrote on her Instagram page about a meeting with Weinstein in which he 'asked her to kiss another woman.'
'At that moment I felt very powerless and scared but didn't want to act that way hoping that I was wrong about the situation. When I arrived I was relieved to find another woman in his room and thought immediately I was safe. He asked us to kiss and she began some sort of advances upon his direction. I swiftly got up and asked him if he knew that I could sing. And I began to sing....i thought it would make the situation better....more professional....like an audition....i was so nervous. After singing I said again that I had to leave.He walked me to the door and stood in front of it and tried to kiss me on the lips. I stopped him and managed to get out of the room'.
Cara Delevigne, 25, is an English fashion model and actress. She signed with Storm Model Management after leaving school in 2009.
The French actress accused the mogul of jumping on her and trying to kiss her.
She wrote in The Guardian: 'We were talking on the sofa when he suddenly jumped on me and tried to kiss me. I had to defend myself. He’s big and fat, so I had to be forceful to resist him. He tried more than once. This was never going to be about work. He had other intentions – I could see that very clearly. All throughout the evening, he flirted and stared at me as if I was a piece of meat.
The French actress (pictured in Spectre) accused the mogul of jumping on her and trying to kiss her
'It was hard to say no because he’s so powerful. I’m an actress and he’s a producer. We are in the same industry, so its impossible to avoid him. I’ve seen how he operates: the way he looks for an opening. The way he tests women to see what he can get away with. That’s the most disgusting thing. Everyone knew what Harvey was up to and no one did anything. It's unbelievable that he’s been able to act like this for decades and still keep his career.'
Lea Seydoux, 35, starred in Bond film Spectre and was nominated for the César Award for Best Actress for her role as a lady-in-waiting to Marie Antoinette in the film Farewell, My Queen (2012).
The Italian actress has accused Weinstein of forcibly performing oral sex on her when she was 21.
Asia Argento (left with Weinstein during 2004 Cannes Film Festival) accused Weinstein of forcibly performing oral sex on her when she was 21
She told the New Yorker: 'He terrified me, and he was big. It wouldn't stop. It was a nightmare.' She said she went on to have consensual sex with him over the years that followed. She documented the alleged attack in her 2000 film Scarlet Diva.
Asia Argento is an Italian actress, singer, model, and director, best known for the role of Yelena in the action film xXx (2002).
Model Zoë Brock was 23 when she allegedly had to lock herself in a hotel bathroom to escape Weinstein's advances.
She wrote on Medium: 'Harvey left the room, but not for long. He re-emerged naked a couple of minutes later and asked if I would give him a massage. Panicking, in shock, I remember weighing up the options and wondering how much I needed to placate him to keep myself safe.
Model Zoë Brock was 23 when she allegedly had to lock herself in a hotel bathroom to escape Weinstein's advances
'I told him I was uncomfortable and that I was angry that I had been tricked into this position. He pleaded with me to let him massage me and I let him put his hands on my shoulders while my mind raced. Harvey chased me, d**k, b**ls and all, and banged on the door with his fists, pleading with me to come out.'
Zoe Brock is a model and actress who was born in Christchurch, New Zealand, and raised in Australia.
The actress said she was called to a late night meeting with Weinstein in 2008. He allegedly emerged in a bathrobe and told her he would green light her script if she watched him masterbate. She left the meeting.
Geiss made her accusations in a press conference with high-profile attorney Gloria Allred on October 10.
The star was born in Miami, Florida. She is an actress and producer, best known for Wishmaster 3: Beyond the Gates of Hell (2001).
Geiss was called to a late night meeting with Weinstein in 2008. He allegedly emerged in a bathrobe
The French actress says Weinstein tried to massage her and pull off her sweater after asking her up to his Cannes suite to see the view in 1996, the NYT reported.
Judith Godrèche, 45, is a French actress and author. She has appeared in more than 30 films and will soon star in an HBO comedy about a French woman moving to Los Angeles.
Judith Godreche (pictured at the premiere of Nasty Baby in 2015) says Weinstein tried to massage her and pull off her sweater after asking her up to his Cannes suite to see the view in 1996
The actress says she was called to a meeting about future film projects in 2003 aged 24. When she arrived she says Weinstein presented her with three scripts for his next three movies which he would let her star in, only if she had three-way sex with him. She fled the hotel, she told the NYT.
Dunning is a former actress turned costume designer best known for her role in Alias: The Roughest Cut (2006).
The aspiring actress was 24 when she met Weinstein while serving tables as a college junior in 1984. She says he told her to meet him at his home. When she arrived, she says, he was naked in the bath and told her she would give a better audition if she was nude. She says she refused and left, reports the NYT.
Tomi-Ann Roberts was 24 when she met Weinstein while serving tables
The Swingers actress was told Weinstein had to stop off in his apartment to pick something up after a screening in 1993.
He changed into a bathrobe and told her to massage her, she said. When she resisted she said the mogul returned naked and chased her, reports the NYT.
Kendall, 48, is an American actress from Tennessee. She made her name in Doug Liman's Swingers (1996).
Kendall, 48, was told Weinstein had to stop off in his apartment to pick something up after a screening in 1993
The actress, formerly known as Lucia Stoller claims Weinstein forced her to perform oral sex on him in 2004. Speaking to the New Yorker, she said that she suffered years of trauma after the incident which occurred in a 'casting meeting' in a Miramax office in Manhattan. He reportedly called her late at night after the incident.
The Mighty Aphrodite actress told the New Yorker that Weinstein tried to massage her in a hotel room at the 1995 Toronto International Film Festival.
He then went to her home in the middle of the night but she called a male friend to protect her, she claimed. She said turning down the mogul adversely affected her career.
Sorovino, 50, is an American actress who came to prominence after winning the Academy Award and Golden Globe for Best Supporting Actress for her performance as a hooker with a heart of gold in Woody Allen's Mighty Aphrodite (1995).
Mira Sorvino (pictured starring in Intruders in 2014) said Weinstein tried to massage her in a hotel room
The actress also said her career suffered after she rebuffed Weinstein's advances in the early 1990s. At a hotel meeting he tried to put her hand on his erect penis, she claims in the New Yorker.
Rosanna Arquette, 58, is an American actress, film director, and producer. She was nominated for an Emmy Award for her performance in the 1982 TV film The Executioner's Song.
The actress, who made her breakthrough in 1996 in the Weinstein-produced slasher revival movie Scream, reportedly sued Weinstein after he assaulted her in 1997 at the Sundance Film Festival.
She signed a non-disclosure agreement at the close of the suit and has only referred to him obliquely in social media since. On Sunday she referred to being abused by a 'monster' and has previously referred to being raped by a studio head.
Producer Harvey Weinstein (left) and actress Rose McGowan arrive to the premiere of "Grindhouse" at the Orpheum Theatre on March 26, 2007 in Los Angeles
Judd says that during filming for 1997 thriller Kiss the Girls Weinstein repeatedly asked her to watch him shower.
She was one of the women who spoke out to The New York Times this week, saying: 'Women have been talking about Harvey amongst ourselves for a long time, and it's simply beyond time to have the conversation publicly.'
Judd says that during filming for 1997 thriller Kiss the Girls Weinstein repeatedly asked her to watch him shower
Emma De Caunes
French actress Emma de Caunes said that she met Weinstein in 2010. Soon after he told her he had a script he was producing based on a book with a strong female character. Weinstein offered to show her the script, and asked her up to his room at the Ritz in Paris, where he began to take a shower.
He then emerged naked and with an erection, asking her to lay down with him on the bed and telling her that many had done so before, she told the New Yorker. 'I was very petrified,' said de Caunes. 'But I didn’t want to show him that I was petrified, because I could feel that the more I was freaking out, the more he was excited.'
French actress Emma de Caunes said that she met Weinstein in 2010 and he invited her to his room
The former creative executive at The Weinstein Company, told executives there in the fall of 2015 that there was 'a toxic environment for women at this company' after one of her colleagues told her that Weinstein had pressured her into massaging him while he was naked, the NYT reported.
A former creative executive at The Weinstein Company told executives there in the fall of 2015 that there was 'a toxic environment for women at this company'
The Italian actress and model, 24, told the NYT that in March 2015 Weinstein invited her to his New York office. There, she said, he asked if her breasts were real before grabbing them and putting his hands up her skirt. She reported the alleged incident to police, but they did not press charges. According to the NYT, Weinstein later paid her off.
Italian actress and model Ambra Battilana, 24, alleges that Weinstein grabbed her breasts and put his hand up her skirt
Weinstein reportedly pressured Jessica Barth (pictured) to give him a naked massage
Weinstein reportedly pressured the actress to give him a naked massage in the Peninsula Hotel in 2011.
Jessica Barth, 39, is an American stage and film actress, known for portraying Tami-Lynn McCaferty in the film Ted and its sequel.
A former production assistant and the Weinstein company, she told the NYT that Weinstein had asked her to give him massages from 1991 onwards, while they were both in London and Dublin. 'It was so manipulative,' she told the NYT. 'You constantly question yourself - am I the one who is the problem?' Weinstein denied knowledge.
Nestor was a temporary employee of the Weinstein Company for just one day in 2014 when Weinstein approached her and offered to boost her career in exchange for sex, the NYT reported.
Perkins was an assistant of Weinstein's based in London. Aged 25 in 1998, she reportedly confronted Weinstein after she and 'several' others were harassed and later settled out of court.
She said she was subjected to inappropriate requests or comments in hotel rooms.
Zelda Perkins reportedly confronted Weinstein after she and 'several' others were harassed and later settled out of court
Produced Karlsen told The Hollywood Reporter on Sunday that almost 30 years ago an unnamed young female executive who had worked at Miramax with Weinstein had found him naked in her bedroom one night. The exec was in a house rented by Miramax at the time to cut its overheads.
Karlsen, 57, is the Oscar-nominated British producer of Carol and The Crying Game.
A freelance script reader, she told the UK's Sunday Times that Weinstein had summoned her to his hotel room in London before telling her to get in the bath with him.
Campbell, 58, is an artist, calligrapher, columnist and writer, born in the north of Scotland and currently living in London, England.
Campbell, 58, (pictured in 2004) said that Weinstein had summoned her to his hotel room in London
The former Fox news host said that Weinstein trapped her in a closed restaurant and masturbated in front of her to completion in 2007.
He allegedly took her to a closed restaurant beneath a club she had visited and attempted to kiss her, then when she refused he cornered her and made her watch him touch himself, according to The Huffington Post.
Sivan is now a TV reporter in Los Angeles and was a local journalist in New York 10 years ago when her encounter with Weinstein allegedly occurred.
Former Fox news host Lauren Sivan said that Weinstein trapped her in a closed restaurant and masturbated in front of her to completion in 2007
Hynes said she was invited to audition for Weinstein when she was 19 - in a bikini. She said she refused to wear the skimpy item - and lost the job.
British actress Hynes, 44, formally known as Jessica Stevenson, is best known for her roles in the Bridget Jones movies and for co-creating and co-writing the sitcom Spaced.
Jessica Hynes said she was invited to audition for Weinstein when she was 19 - in a bikini. She said she refused to wear the skimpy item - and lost the job
British actress Romola Garai said she felt 'violated' following a meeting with Harvey Weinstein in his London hotel room when she was 18 in which he was in a bathrobe.
Garai, best known for her role in Atonement, said she had already been hired for a part but was told to audition privately with the Hollywood mogul because 'you had to be personally approved by him'.
'Like every other woman in the industry, I've had an 'audition' with Harvey Weinstein,' she told The Guardian. 'So I had to go to his hotel room in the Savoy and he answered the door in his bathrobe. I was only 18. I felt violated by it'.
Garai, 35, is an English actress, writer, and director. She is known for appearing in the films Amazing Grace, Atonement, and Glorious 39.
British actress Romola Garai said she felt 'violated' following a meeting with Harvey Weinstein in his London hotel room when she was 18
French actress Florence Darel has claimed that she was harassed by the producer in 1993.
Darel, 49, who first came to notice in Eric Rohmer's 'A Tale of Springtime' in 1990, told French media that Weinstein had promised to help make her big in America if she became his 'part-time' mistress.
She said she first had to beat off his advances after Weinstein's company Miramax bought the 1993 fashion industry comedy 'A la mode' in which she appeared.
The following year, pushed by her agent, she agreed to meet Weinstein in a Paris hotel, where he he asked her to be his mistress 'a few days a year'.
Actress Florence Darel, 49, revealed on Thursday to French media that movie mogul Harvey Weinstein had promised to help make her big in America if she became his 'part-time' mistress
Weinstein allegedly behaved inappropriately toward a woman employed as his assistant in 1990. The case was settled out of court.
Another unnamed assistant
In 2015, Weinstein reportedly pressured another assistant into giving him a naked massage in the Peninsula Hotel, where he is also said to have pressured Barth.
Unnamed Miramax employee
At one point in the early 1990s, a young woman is alleged to have suddenly left the company after an encounter with Weinstein. She also settled out of court.
A woman who did not wish to be named because she feared Weinstein's connections told The New York Times that the producer had summoned her to his hotel at an unknown date and raped her.