New stories arise in the Weinstein assault accusations as a victim says he held her down, pulled out her tampon and forcibly performed oral sex on her.
Production assistant Mimi Haleyj was in tears as she described what Weinstein did to her.
“He held me down on the bed. I tried to get away, tried to get him off me, and kept asking him to stop but it was impossible. He was extremely persistent and physically overpowering...He even pulled my tampon out. I was in disbelief and disgusted. I would not want anyone to do that to me, even if the person was a romantic partner.”
Haleyj's lawyer Gloria Allred says her client hasn't reported the incident to the police yet and it is unknown if she will be meeting with investigators to help with the other Weinstein probes.
“If she spoke to (investigators), it would be to answer any questions they might have that might be relevant to their investigation.”
Legal experts say this assault could lead to criminal chargers since the state of New York scrapped the statute of limitations for first-degree criminal sex acts on June 23, 2006.
Lawyer Eric Baum says the state statute says a person is guilty of a criminal sexual act in the first degree “when he or she engages in oral sexual conduct or anal sexual conduct with another person by forcible compulsion.”
“If it were presented as a forcible act, that would be a class B felony, which would not have a statute of limitations, versus a class E, which would be a ‘no means no’ claim, and that does have a five-year statute of limitations...In the event that the district attorney determines that it was a forcible sexual act, Harvey Weinstein could be charged with that crime.”
Actress Dominique Huett says she had a similar encounter with the movie mogul.
In a lawsuit, Huett says 7 years ago Weinstein lured her into his hotel room thinking they would have a business meeting.
Once in his room, she says Weinstein excused himself and came back wearing a bathrobe and asked her for a massage.
When Huett refused, he then asked if he could perform oral sex on her, grabbed her, removed her clothes and began the act against her wishes.
Huett's lawyer Jeffrey Herman says she froze in fear.
“Unfortunately, what happened to her is what happens to a lot of women in that situation. They go into a state of tonic immobility. It’s like an out-of-body experience, a paralysis, like an animal playing dead when it’s attacked...She described it as being terrified, her mind sort of spinning, and she gave in. And then she blamed herself for not fighting to get up and walk out of the room.”