NYPD says it is building a rape case against Harvey Weinstein

- New York City police said Friday that an actress’ rape allegations against Harvey Weinstein are credible, and if the movie mogul were in the state and the accusation more recent, they would move to arrest him immediately.

Chief of Detectives Robert Boyce said investigators have interviewed actress Paz de la Huerta. She has publicly accused Weinstein of raping her twice in her apartment in 2010 and called police about it on Oct. 26.

Boyce said detectives found the “Boardwalk Empire” actress’ story believable and that two people corroborated portions of her account. They have subpoenaed people in the case.

“If this person was still in New York, and it was recent, we’d go right away and make the arrest. No doubt,” Boyce said of Weinstein. “But we’re talking about a 7-year-old case. And we have to move forward gathering evidence first.”

The factors that made her story credible included: “The ability to articulate each and every minute of the crime, where she was, where they met, where this happened and what he did,” he said.

An email message sent to Weinstein representative Sallie Hofmeister was not immediately returned. Weinstein, 65, has previously denied all allegations of non-consensual sex.

The investigation comes a month after The New York Times published an expose of sexual harassment allegations against Weinstein, leading to his firing from the company he co-founded and his expulsion from the organization that bestows the Academy Awards. Since then, dozens of women have come forward to tell similar tales of harassment or assault.

Investigators in London and California were also looking into allegations made by women, but no other department has suggested allegations could result in criminal charges. New York doesn’t have a statute of limitations on rape.

De la Huerta told CBS News that the first rape occurred in October 2010 after Weinstein gave her a ride home from a party, insisted on having a drink in her apartment and forced himself on her. She said the second rape occurred in December 2010 after Weinstein showed up at her apartment. She had been drinking and was not in a condition to give consent, CBS reported the actress said.

Police said she didn’t come forward earlier because she was afraid of damaging her career and wasn’t sure anyone would believe the allegations against such a powerful Hollywood player.

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