Harvey Weinstein: NYPD investigated sex assault complaint against producer in 2015

His denial comes on the heels of a New Yorker piece alleging assault.

ByABC News
October 10, 2017, 2:51 PM

— -- Multiple women have accused Harvey Weinstein of sexual assault in a new report from The New Yorker magazine.

Reporter Ronan Farrow said he was told by 13 women of alleged assault or harassment during the magazine's 10-month investigation. Others, including actresses Mira Sorvino and Rosanna Arquette, told the magazine they believe they were removed from projects and their careers suffered after rejecting Weinstein's advances.

A spokesperson for the beleaguered movie executive told The New Yorker: "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. 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," according to the full statement from Weinstein's spokesperson. "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.”

Farrow's reporting in the magazine is also supported with a recording obtained from a New York Police Department sting operation from 2015 involving Weinstein and Italian model Ambra Battilana Gutierrez.

In the recording, the model asked Weinstein why he had groped her breasts the day before. He replied, "Oh, please, I’m sorry, just come on in. I’m used to that. Come on. Please," according to the magazine.

As the recording continues, Weinstein tries to convince her to come into his hotel room while he showers, despite her protests. After a nearly 2-minute encounter, he agrees to let Gutierrez leave.

The Manhattan District Attorney’s Office decided not to file charges after a two-week investigation and Weinstein was never prosecuted. Gutierrez subsequently signed a highly-restrictive nondisclosure agreement with Weinstein, The New Yorker reported, including an "affidavit stating that the acts Weinstein admits to in the recording never happened."

A representative for the NYPD confirmed to ABC News the authenticity of the tape and is now looking into how it became public.

The Manhattan District Attorney’s Office told ABC News in statement today, "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."

It continued, "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. 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 New Yorker report was published two days after Weinstein was terminated by the company which bears his name.

Last Thursday, The New York Times alleged that the famed studio executive had reached at least eight settlements with several women over three decades of alleged abuse.

Though Weinstein admitted immediately that he had "caused a lot of pain" and apologized for his inappropriate behavior, his lawyer Charles Harder claimed The Times report "relies on mostly hearsay accounts and a faulty report" and was "saturated with false and defamatory statements." Harder has said that he is preparing a lawsuit against the newspaper, and on Tuesday, referred all questions about Weinstein to the movie mogul's publicist.

Weinstein's representative did not respond to ABC News' request for comment, nor did a spokeswoman for the Weinstein Company.

ABC News' Aaron Katersky contributed to this report.

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