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Inside orally, that's rape. if that's what happened and the jury believes her, he can talk about the casting couch all day long. he's going to jail somethi. >> but doesn't this foreshadow the defense strategy on a larger scale. it's not going to be so much about harvey weinstein but about his defense attorneys putting these victims on trial? won't they be forced to go through a rigorous cross examination that could be very difficult for them? >> i've been doing this for a very long time. i've heard many defense attorneys over the years try to intimidate victims by saying the cross examination ...

>> my job is not to defend behavior, my job is to defend something that is criminal behavior. bad behavior, mr. weinstein did not invent the casting couch in hollywood and to the extent that there is bad behavior in florida industry, that is not what this is about. >> if you stay positive, you have a shot. prrt it is . >> reporter: it is a stunning fall for the man behind several major movies like silver lining playbook, the king's speech, and shakespeare in love just to name a few. some of which earned weinstein dozens of awards for his work behind the camera. but now he is the focus of inves...

>> i fought with this volley of noes, which he ignored. >> reporter: and rows mcgowan, one of the first to accuse weinstein publicly of rape. >> we got you, yeah. to see him in cuffs on the way out, whether he smiled or not, that's a very good feeling. >> reporter: weinstein denies having nonconsensual sex with any of his accusers and his attorney insisted today his client is innocent. >> my job is not to defend behavior. my job is to defend something that is criminal behavior. bad behavior, mr. weinstein did not invent the casting couch in hollywood. and to the extent there is bad behavior in...

Throwing a basketball at him. we'll get a live report. plus the man who alleged crimes helped propel the me too movement, harvey weinstein handcuffed and charged with rape as his defense team offers this. >> mr. weinstein did not invent the casting couch in hollywood. and a creepy incident involving a device so many of us have in our homes. amazon's alexa records a couple's private conversation and then sends it out to a random person in their contact list.

Lawyer who said that everything was consensual and that weinstein didn't invent the casting couch. what do you think of that defense strategy? >> good luck. these women are not talking about a casting couch. although we don't know a lot of details about one of the charges, the more serious felony rape charge because that woman was not yet spoken publicly, even if you just look at the lucia evans charges which relate to the second felony count of sexual abuse, there's nothing about her description that you would describe as consensual, period. he can say it was consensual, but if the jury belie...