Weinstein accuser seeks to set legal precedent with sex trafficking law

Aspiring British actress Kadian Noble, who has filed a lawsuit against Harvey Weinstein in New York federal court accusing the movie producer of sex trafficking by inviting her to a hotel room in France and sexually assaulting her, cries as she speaks at a news conference in New York City, New York, U.S., November 28, 2017. /Reuters/Lucas Jackson/

NEW YORK CITY, New York (Reuters) — An aspiring British actress sued Harvey Weinstein in New York federal court on Monday (November 27) accusing the movie producer of sex trafficking by inviting her to a hotel room in France and sexually assaulting her.

The civil lawsuit filed by 31-year-old Kadian Noble in U.S. District Court in New York accused Weinstein of violating a U.S. federal sex trafficking law in Cannes, France.

Noble’s lawyer is attempting to set legal precedent by contending Weinstein’s actions overseas make him liable for civil damages under a criminal law against sex trafficking, five legal experts said.

Responding to the lawsuit, Holly Baird, a spokeswoman for Weinstein, on Monday denied the allegation of non-consensual sex. Baird could not be reached on Tuesday for comment on the claim that Weinstein violated sex trafficking laws.

The lawsuit, filed in U.S. District Court in New York, does not accuse Weinstein of labor trafficking or other exploitations commonly associated with the commercial sex industry. But the criminal law on which the civil claim is based bans the use of force, threat or coercion for a sex act in exchange for value.

The alleged “value” in this case was the potential for a role in one of Weinstein’s films, according to the complaint. Attorneys interviewed by Reuters called the lawsuit’s application “innovative” and said they would be watching closely, but expressed mixed views about whether the approach would work in federal court.

During a news conference in New York on Tuesday (November 28), Noble accused Weinstein of luring her to his hotel room on the promise of a movie role but instead he forced himself upon her sexually.

Nobel’s lawyer Jeff Herman said, “This case fits squarely within the definition of this sex trafficking law.”

He added, “The law essentially says that if a U.S. citizen goes to another country and by use of force, coercion, fraud entices and causes a person to engage in a commercial sex act that that violates this law.”

Weinstein has denied having non-consensual sex with anyone.

The lawsuit seeks unspecified damages.

The sex trafficking law has a 10-year statute of limitation.

Weinstein and his representatives have also denied the allegations of more than 50 women who have accused him of sexually harassing or assaulting them over the past three decades. Reuters has been unable to independently confirm the allegations.

Noble’s case adds another accuser to the list while also seeking to test the reach of the Trafficking Victims Protection Act of 2000, a U.S. law that has been reauthorized or amended several times, expanding its extraterritorial reach.

In the fallout from the accusations, Weinstein was fired from The Weinstein Co, the independent studio he co-founded in 2005 with his brother Bob, and expelled from the Academy of Motion Picture Arts and Sciences.

Police in New York, Los Angeles, Beverly Hills and London have said they are investigating allegations of sexual assault that have been made against Weinstein.

Also on Monday, the Directors Guild of America said in a statement that Weinstein resigned from the organization.