Actress Paz de la Huerta, Alleging Rape, Sues Harvey Weinstein for $60 Million

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Actress Paz de la Huerta went public a year ago in Vanity Fair with allegations that Harvey Weinstein, the Hollywood movie producer, had raped her twice in her New York City apartment. She later made the same accusation to the police and to prosecutors, but the Manhattan district attorney declined to press charges.

Now, she is seeking redress in a state Superior Court in California.

In a lawsuit filed on Tuesday, Ms. de la Huerta said that her sexual encounters with Mr. Weinstein — two in Manhattan and one in Los Angeles — drove her to drink and shattered her emotionally. She also accused him, without providing evidence, of torpedoing her career on the HBO drama “Boardwalk Empire.”

Her lawyer, Aaron G. Filler, said the lawsuit seeks to use archived photos to corroborate Ms. de la Huerta’s claims, showing that she and Mr. Weinstein were both at the locations where she has said the assaults occurred, at the same time.

“We commenced an investigation to get data to corroborate the specific dates,” Mr. Filler said in an interview. “We relied on archival photography to show the dates of the initial event, the second rape in New York and the third event in Los Angeles.”

Earlier this year, Mr. Weinstein was charged criminally with assaulting three women in Manhattan, but last month a judge dismissed one of the charges related to Lucia Evans, a marketing director. More than 80 women, including many actresses, have come forward to accuse Mr. Weinstein of sexual harassment, from unwanted touching and crude propositions to groping and sexual assault.

Police officials and Mayor Bill de Blasio called Ms. de la Huerta’s claims “highly credible” when they first surfaced last year, but she was never added to the case in Manhattan. One reason, Mr. Filler said, was that the Manhattan district attorney’s office could not corroborate the date for the incident in Los Angeles. Mr. Filler said he provided the Manhattan district attorney’s office with additional evidence on Sunday. The office declined to comment on Tuesday.

Mr. Weinstein’s lawyer, Benjamin Brafman, said in a statement that the Manhattan district attorney’s office had rejected Ms. de la Huerta’s claims “for obvious reasons.” He called the claims in her lawsuit “equally preposterous and unfortunately, the product of an unstable personality with a vivid imagination.”

According to Ms. de la Huerta’s complaint, Mr. Weinstein first raped her on Dec. 7, 2010, after he drove her home to her apartment in Manhattan’s TriBeCa neighborhood. The two had attended a party at the Top of the Standard, a lounge also known as the Boom Boom Room, where there was a celebration for the opening of the movie “Blue Valentine.”

The complaint said Mr. Weinstein warned Ms. de la Huerta that if she did not have sex with him her career would be in jeopardy. When she did not consent, he forced himself on her, the court papers said.

For the next two weeks, Mr. Weinstein harassed her, calling her often and idling his car outside her residence, she said in the complaint. On Dec. 23, Ms. de la Huerta said Mr. Weinstein called her and said he was waiting in the lobby of her apartment building. He refused to leave until she met him. Ms. de la Huerta said she had been drinking heavily that night because she was fearful and depressed, “rendering herself unable to consent to any disputed sexual encounter.”

Mr. Weinstein promised Ms. de la Huerta that they would resolve the matter, but once inside her apartment, the complaint said, he overpowered her and raped her a second time.

Ms. de la Huerta said she again encountered Mr. Weinstein at the Four Seasons Hotel in Beverly Hills following a British Academy of Television Arts event on Jan. 15, 2011. He had promised to speak to her regarding their dispute, she said, but then appeared at the entrance of his hotel room in a robe and exposed himself. Ms. de la Huerta fled and Mr. Weinstein “appeared angered by her rejection and denunciation,” the complaint said.

Ms. de la Huerta said she experienced “severe emotional distress” after the incident and began drinking heavily. Two days later, an intoxicated Ms. de la Huerta was captured on video stumbling and falling after being turned away from an after-party at the Chateau Marmont hotel.

The lawsuit said Ms. de la Huerta “was warned by Weinstein that any effort to take legal action against him would fail and would prompt him to interfere with her future success and career as an actress.”

Indeed, Ms. de la Huerta suggested that Mr. Weinstein had destroyed her career. Her complaint included photographs of Mr. Weinstein conversing with Martin Scorsese, the producer of “Boardwalk Empire.” Three weeks later, Ms. de la Huerta was terminated from the show, causing her to believe that Mr. Weinstein “was making good on threats to harm her career if she defied him.”

Pointing to a loss of income and work, she is seeking $60 million in damages.

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